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(영문) 수원지방법원 2016.10.20 2016노5550

사기

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

In light of the summary of the grounds for appeal (unfair form of punishment) the fact that the Defendant’s defense counsel reflects the wrongness of the Defendant, and the crime of October 10, 2014 introduced the loan hub to H that the Defendant wants to obtain a loan, and the degree of participation is insignificant, and the Defendant has participated in the past hearts’ exercise of helping children, and there are currently economic difficulties and health problems, the sentence of the lower court that sentenced 10 months of imprisonment is too unreasonable.

In light of the fact that the crime of this case by the prosecutor abused the loan system implemented by the government in order to support the whole rent fund of ordinary people, thereby obtaining a false certificate of employment, lease contract, and submitting a loan to financial institutions, which is the crime that causes losses to the national treasury and disarms the government policy to promote the stabilization of the residence of the homeless, and it is not good that the crime of this case by the defendant is committed, and the amount of fraud by the defendant's participation reaches KRW 147 million in total and has not been affected by damage, the sentence of the court below is unfair.

Judgment

The defendant's mistake is recognized by the defendant, and the defendant only has the role of introducing H of the lender to the lending hub for the crime as of October 10, 2014. The crime of this case is not punishable by a fine exceeding 25 million won, among the 77,00,000,000 won of the fraud of the crime as of August 30, 2013, the profits earned by the defendant among the 70,000,000 won of the fraud of the crime as of August 30, 2013, and the defendant has no record of being sentenced to a suspended sentence of 2 years in the imprisonment without prison labor for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at Suwon District Court on April 16, 198, while the crime of this case is not a crime of acquiring the loan by abusing the house leasing fund system prepared by the defendant for residential stability of ordinary people, and the crime of this case is directly committed by the defendant.