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(영문) 부산지방법원 2017.01.19 2016노3133

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. There are circumstances that can be considered such as the accused’s confession of the instant crime and the accused’s absence of criminal records exceeding the same criminal records or fines.

However, the crime of fraud of this case, however, has committed the crime of fraud of this case in a systematic and organized manner by taking part in the crime of this case by taking advantage of the "house leasing loan system" for the stabilization of residence of homeless workers, thereby seriously impeding the operation of the above system by deceiving loans, deprived of opportunities for loans to those who need rent on a deposit basis, and in the event that damages are not recovered due to such crime, the damage is ultimately attributable to the national tax, and is likely to be criticized. The defendant took part in the crime of this case by taking part in the method of causing false lessee to commit the crime of this case, and there is no circumstance to recognize that the defendant has made efforts for recovery of damages, even if the damaged amount is considerably 47 million won, there is no change in the situation that can be considered as the grounds for sentencing in the trial, and there is no other reason to consider the defendant's age, sex, sex, environment, family relationship, means of crime, result, etc., and there are no other circumstances that can be too unfair punishment on the defendant.

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.