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(영문) 서울동부지방법원 2015.11.13 2015노1034
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the Defendant’s grounds for appeal is as follows: ① the Defendant was in custody of the documents as North Korean defectors, who kept in the world’s property administration, and did not have any intent to commit fraud. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting the Defendant of the facts charged. ② The Defendant did not so.

In light of the fact that the defendant has no profit from the crime of this case and that he supports the mother of 76 years of age, the sentence of the court below that sentenced a fine of 4,00,000 won is too unreasonable.

2. First of all, according to the evidence duly adopted and examined by the court below, the defendant was found to have submitted a forged employment certificate and the employment income withholding receipt, etc. from his nameless loan hub to the victim bank branch as stated in the judgment below and obtained approval for the loan. It is reasonable to view that the defendant had an intention to obtain money from the victim bank branch under the name of loan, and the judgment below did not err in misunderstanding of facts or misunderstanding of legal principles.

On the other hand, even when considering all the above circumstances as to the above (2) as to the above, the amount of damage caused by the crime of this case is not large, and there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the decision of the court below was rendered, and other circumstances that form the conditions for sentencing, such as the Defendant’s age and character, etc., the summary order of KRW 5,00,000 issued to the Defendant was mitigated, but the sentence of the court below that sentenced KRW 4,00,000 is too unreasonable.

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

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