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(영문) 대전지방법원 2015.04.01 2014노2375

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a year and six months, suspension of execution for a period of three years, and community service work for a period of 120 hours) of the lower court against the Defendant is unreasonable.

2. Determination is based on the favorable circumstances such as the confession of each of the crimes of this case, the Defendant’s confession against his mistake, the fact that there is no record of criminal punishment, and the fact that there is a family member to support the Defendant.

However, each of the crimes of this case has been committed 16 times in total, and the amount of fraud is 1.23,60 million won in total, and each of the crimes of this case takes advantage of the fact that the loan of money for lease deposit is not strict with the guarantee of the Korea Housing Finance Corporation, and thus, the defendant systematically conspired with the members of the money for lease deposit loan and acquired money from the bank, and the nature of the crime is not good. In the case of the crime of this case, the issue of public funds of the Korea Housing Finance Corporation is resolved, which eventually causes substantial damage to ordinary people, and there is no circumstance to agree with the victim or recover damage, and the defendant takes part in the role of issuing false loan documents, such as the defendant's employment certificate of the company operated by the company, payment statement, etc. The defendant appears to have played an important role in the crime of this case, such as making the borrower make a false statement as if the lender actually works, and the defendant has not obtained profits directly from the crime of this case (the defendant is 300,000 won,000 won A.).