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(영문) 의정부지방법원 2016.08.25 2016노1457

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant was guilty of a three-time fine.

However, the crime of fraud of this case is heavier than the nature of the crime in light of the degree of the defendant's participation, etc., by acquiring funds systematically and systematically by using the capital loan system for the entire house loan system for workers.

The defendant did not have any actual profit from the crime of this case, and the defendant did not return the lease fund which was illegally lent to the court for the first time.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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