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(영문) 수원지방법원 2016.01.20 2015노6020

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (Defendant A: Imprisonment with prison labor for August and Defendant B: Imprisonment with prison labor for 6 months) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. The Defendants’ confession and reflect on each of the instant crimes. The Defendants do not seem to have led the overall crime of this case, but appears to have been involved in the organized crime of the fraudulent loan business operators due to economic difficulties, etc., Defendant B deposited KRW 1 million for the victim in the first instance, and Defendant A was sentenced to a fine for fraud in around 2002, and Defendant B did not have any other criminal history except for punishment once a fine was imposed for the crime of this case. However, the instant crime is committed in collusion with the fraud business operators, and the Defendants obtained by fraud under the pretext of a house loan by issuing a false lease contract, certificate of employment, etc., and it seems that the amount of damage in this case would have been caused by other accomplices; Defendant B deposited KRW 1 million for the victim in the first instance, and Defendant B did not have any other criminal history other than punishment for the crime of this case; thus, the crime of this case is more likely to undermine the quality of the crime in light of the law of the crime, etc., and thus, it is necessary for the lessor to take advantage of the entire residential stability of the system.