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(영문) 서울서부지방법원 2015.04.02 2015노131
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The crime of this case was committed by taking part in the so-called fraud of the so-called work loan that a financial institution borrowed from a financial institution using a false lease contract, and thus, the method of crime and the quality of crime are not good.

In light of the fact that the amount of damage has not been recovered and a considerable number of damage has not been recovered, and that the defendant sent text messages to encourage the defendant to get a direct loan from the role of the tenant and shared the role of telephone counseling, etc., are disadvantageous to the defendant.

However, the court below's punishment is the first offender with no criminal power, and there is no change in circumstances that are favorable to the defendant, such as the fact that the defendant is repenting while making a confession of the crime in this case, the defendant partially repaid to the victim through individual rehabilitation procedures, and the repayment of one million won to the Korea Housing Finance Corporation, a creditor of indemnity, etc., and there is no particular change in circumstances in the trial.

In addition, taking account of the motive, background, means and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, career, character and conduct, environment, etc. and various conditions of sentencing as shown in the pleadings, the lower court’s sentence cannot be deemed unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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