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(영문) 부산지방법원 2016.11.24 2016노3027

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the Defendant recognized the instant crime, and the Defendant’s instant crime constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was finalized on September 16, 2013, and the latter part of Article 37 of the Criminal Act, and thus, should take account of equity with the case to be judged at the same time under Article 39(1) of the Criminal Act, and the fact that the Defendant returned KRW 3.

However, the crime of fraud of this case, by abusing the "house leasing loan system" for the stabilization of housing of homeless workers, seriously impeding the operation of the above system, by deceiving loans by deceiving them, and by depriving them of opportunities to borrow funds actually, and where the damage is not recovered due to such crime, losses cannot be ultimately appropriated for the national taxes. The crime of fraud of this case is not good, and is likely to be subject to criticism. The defendant involved in the crime of this case as a lessee by participating in the crime of this case in a false tenant, and committed the crime of this case systematically and systematically. The defendant has been punished twice by a fine for the same crime of this case, two times, one time, one time, one time, one time, and eight times as a fine, and the defendant again committed the crime of this case without being aware of the fact that he committed the crime of this case while under suspension of execution, and other various circumstances, such as the defendant's age, character and behavior, environment, family relationship, means and consequence after the crime, etc., are considered to be unfair.

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.