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(영문) 부산지방법원 2016.04.14 2016노384

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months in prison) is too unreasonable.

2. All of the instant crimes are recognized by the Defendants, and the fact that Defendant C paid KRW 5 million to the victims, which is part of the amount of damage, is favorable to the Defendants.

However, in order to stabilize the residence of homeless workers, the crime of this case is likely to be punished by acquiring public funds systematically and systematically by abusing the pre-tax loan system with public funds for the purpose of stabilizing the residence of homeless workers, and thus, is highly likely to be criticized. The criminal acts of the Defendants are serious social prejudice, such as actual benefit of the above system, and the disadvantage to the majority of the good people who actually need the benefit of the above system is returned to them. The court below has determined a punishment by fully considering the circumstances favorable to the Defendant, and there is no change of circumstances that may vary between the court below and the punishment in the trial, and there is no other change of circumstances that the court below and the punishment are different in the trial, and the punishment imposed by the court below is too unreasonable.

3. In conclusion, the Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.