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(영문) 의정부지방법원 2016.10.13 2016노2146

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

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

Judgment

The crime of this case is necessary to punish the money by deceiving the money by abusing the house leasing loan system for the stabilization of housing of homeless workers in collusion with C, nameless loan hubs, etc., and there is a lot of damage amount.

However, the defendant is the first offender, and the crime is divided into a truth, and he shows the appearance of reflecting it.

In addition, the Defendant repaid KRW 12,00,000 equivalent to the profits he acquired by committing the instant crime among the instant loans at the lower court, and paid KRW 23,00,000 in addition, at the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. As seen in the part of judgment on the grounds of appeal for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the basic area of sentencing (one year and six months from imprisonment to three years) according to the sentencing guidelines set by the Supreme Court Sentencing Committee (a recommendation range) is the basic area (one year and six months from six months to three years).