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(영문) 의정부지방법원 2017.01.11 2016노2334

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

All the seized documents (No. 1) and nine passbooks.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (six years of imprisonment) is unreasonable.

2. The instant crime is determined by the following: (a) the process for examining the loan of the pre-paid employee’s loan for the pre-paid employee’s house loan by deceiving the victims who are financial institutions; (b) the instant crime only causes property damage to the victims; and (c) ultimately, there is a possibility that the victims may have a negative impact on the operation of the pre-paid employee’s loan system for the pre-paid employee; (d) each crime was planned and organized; and (e) the role of the Defendant in charge is the hub of the loan or the recruitment of lessees, which is the liability for the said crime.

In light of the fact that it is not possible to do so, the fact that the nature of the crime is not good, that the fraud amount exceeds 1.4 billion won, that the damage has not been recovered, and that there is no agreement with the victims is an unfavorable condition to the defendant.

However, in the case of systematic fraud such as the crime of this case, it is considerably difficult for the defendant to identify his accomplice without his cooperation or prevent additional damage without his own cooperation, so many related accomplices, including the total liability, were discovered and prevent additional damage (the investigation records of this case 2186 after 2016 after 2016 after 2186). The fact that there are no criminal records exceeding the same criminal records or fine for the defendant is favorable to the defendant.

These circumstances and the motive, means, and result of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc. of all the sentencing conditions mentioned in the instant case, the extent of the recommended punishment according to the sentencing guidelines of the Supreme Court [the range of the recommended punishment [the crime group, organized fraud, type 3 (not less than 500 million won, but less than 5 billion won)] and the special aggravated area (a special aggravated person: considerable.