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(영문) 수원지방법원 2015.08.21 2015노3521
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant is led to confession and reflect, and that the defendant seems to have participated in the crime of this case due to economic difficulties, etc.

However, the crime of this case is not likely to be committed by deceiving several persons of household housing funds supported for the stabilization of the lives of ordinary people.

In addition, considering various sentencing conditions, such as the defendant's age, character and behavior, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, considering the following factors: (a) the defendant directly submits false documents and requests a loan, and the degree of participation is not easy; (b) the amount of damage reaches KRW 15 million; and (c) the defendant also obtains benefits from the crime; and (d) the defendant does not make efforts to recover from damage.

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.

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