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(영문) 수원지방법원 2016.10.05 2016노4666

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. However, the defendant recognized a mistake and reflects it.

The defendant had 8 million won actual profit from the crime of this case, and deposited 8 million won equivalent to the above profit for the victim.

Interest on loans was paid for a certain period of time.

The defendant has no record of criminal punishment for the last ten years.

However, the crime of this case is highly likely to be punished for crimes that abuse the system of house leasing loan for homeless workers.

The amount of fraud reaches KRW 100 million and the damage has not been recovered.

On February 7, 2005, the defendant was sentenced to nine months of imprisonment for a crime of fraud, and was sentenced to the same crime again.

In addition, in full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, it cannot be deemed that the sentence of the lower court is too unreasonable. Therefore, the above argument by the Defendant is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.