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(영문) 수원지방법원 2016.02.03 2015노7064

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is that the defendant, in collusion with the fraud lender, obtained the loan under the name of the fund for lease on a house by delivering a false lease contract, certificate of employment, etc. to the victim, and the quality of the crime is not good in light of the method of crime, etc., and the amount of damage in this case also does not exceed 72 million won. The crime of fraud on a deposit basis harms the foundation of the fund loan system for stabilization of the residence of ordinary people and deprives the ordinary people who actually require the benefit of the above system of taking advantage of the opportunity to use it. It is very important to punish it strictly. Furthermore, in the crime of this case where multiple persons participate and organized and planned, the role of the defendant as the false tenant is essential for the whole crime, so it cannot be deemed that the degree of the defendant's participation in the crime of this case is somewhat less than that of the whole crime, and it does not reach the agreement with the victim and does not actually recover the damage.

On the other hand, the fact that the defendant led the crime of this case and reflects the overall crime of this case, but seems to have been involved in the organized crime of the fraud lender due to economic difficulties, etc., considerable part of the amount of the fraud amount seems to have been brought to other accomplices, there is no history of punishment for the same crime of the past, there is no history of punishment exceeding the fine, there is no family member to support, and there is a family member to support and the family member of the defendant want to take the preference against the defendant, etc. are favorable to the defendant.

The above circumstances are different from each other.