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(영문) 서울북부지방법원 2016.08.26 2016노1182

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court to the Defendants is too unreasonable as the gist of the grounds for appeal is unreasonable.

2. On the other hand, Defendant B deposited KRW 5 million for the Korea Housing Finance Corporation, while the benefit he acquired by committing a fraudulent act of lending the entire loan of this case was KRW 5 million in the appellate trial.

However, most of the damages were not recovered.

In addition, considering the facts alleged by the Defendants on the grounds of appeal, the lower court’s sentence against Defendant A and Defendant B and C, who selected the lower limit of the recommended sentencing guidelines, may not be deemed unfair on the ground that the lower court’s sentence against Defendant A and Defendant B and C was lower than the lower limit of the recommended sentencing guidelines, even in light of all the circumstances alleged by the Defendants on the grounds of appeal.

Therefore, the defendants' argument of sentencing is not accepted.

3. If so, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.