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(영문) 대전지방법원 2015.08.13 2015노1807

사기

Text

All the judgment below is reversed.

Defendant

A Imprisonment with prison labor for six months, for three months, and for four months, for Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one month of imprisonment) by Defendant B is too unreasonable.

B. The Prosecutor’s sentence (unfairness) of the lower court (the Defendant A: imprisonment with prison labor for three months, a year of suspended execution, Defendant B, and C: one month of each imprisonment) is too unfluent and unfair.

2. Determination

A. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake in the determination of the allegation of unfair sentencing on Defendant B’s assertion of unfair sentencing is against his own mistake; (b) there is no other criminal record other than a fine imposed on 10-year drinking driving, etc. on two occasions; (c) the equity in the case where the judgment was rendered at the same time as the judgment became final and conclusive; (d) the Defendant deposited KRW 1.8 million for the Victim Nonghyup Bank; (c) the Defendant’s wife and three children; (d) the Defendant’s wife and three children are the most supported; and (e) the Defendant’

However, the crime of this case is committed by taking advantage of the fact that the defendant's loan of money for lease on a deposit basis is not strict in the loan examination and collection procedure as a guarantee of the Korea Housing Finance Corporation, and it is not very high in the quality of the crime, and the crime is also very serious. The crime of this case is committed by acquiring the financial resources created to stabilize the living environment of ordinary people by means of systematic and planned acceptance of the money for lease on a deposit basis, and the crime of this case is committed by the Korea Housing Finance Corporation because it is impossible to collect the loans properly, and the public funds of the Korea Housing Finance Corporation are additionally invested, thereby causing substantial damage to ordinary ordinary people. The defendant role as the lessor until the trial. In this case, the defendant did not agree with the victim. Although the role was not led, the defendant did not have the role, but has contributed significantly to the crime of this case, and has been partially distributed the profits from the crime of this case (3.7 million won, evidence record No. 160 pages), and all the conditions of sentencing, such as the defendant's age, character, environment, crime, motive, and circumstances before and after