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(영문) 대전지방법원 2015.09.16 2015노2102

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The Defendant’s confession of the instant crime and reflects his mistake is disadvantageous to the Defendant.

However, the amount of defraudation (10 million won) is not many, and the crime of this case is committed by the Defendant, who systematically conspired with the members of the Korea Housing Finance Corporation to obtain money from the bank by abusing the fact that the loan of money for lease money is not strict as a guarantee of the Korea Housing Finance Corporation, and thus, the nature of the crime is not good. In the case of the crime above, the problem of public funds of the Korea Housing Finance Corporation is resolved, which eventually causes substantial damage to ordinary people, and there are no circumstances leading to agreement with the victim or restoration of damage, and there are no many kinds of profits that the Defendant directly acquired through the crime of this case (the defendant is equivalent to approximately KRW 30 million). The defendant committed the crime of this case during the period of parole after having been sentenced to imprisonment for life for this type of crime, the extent of recommended sentence for sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court [the scope of recommending sentence] [the extent of general fraud [the amount of imprisonment is significantly less than KRW 100 million and less than KRW 500 million].

In full view of the above circumstances and other circumstances leading to the instant crime, the sentence of the lower court is too unreasonable, taking into account the following circumstances: (a) the circumstances leading to the instant crime; (b) the Defendant’s age; (c) the character and conduct, family relationship; and (d) the environment and occupation; and (c) there is no change in circumstances to determine the sentence differently from the lower court.