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(영문) 수원지방법원 2016.12.23 2016노7562
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant recognized the crime of this case and reflects the fact that the defendant did not have any particular criminal record. However, the crime of this case is not appropriate to commit the crime of this case by taking advantage of the housing charter loan system prepared for the stabilization of the people's residential stability, and it is not appropriate to commit the crime of this case by taking advantage of the above system. The defendant's act of acquiring the loan through the use of the house charter loan system which is prepared for the stabilization of the people's residential stability is divided into a 78 million won by the defendant's direct tenant, and even though the money by taking advantage of the fraud amount is a large amount of 78 million won, the damage recovery is not performed except for the amount of 10,30 million won deposited by the accomplice up to the trial. It is not determined that the punishment of the court below is unfair because it is too unreasonable to take into account all the sentencing circumstances as shown in the records and arguments, such as the situation where the crime of this case was committed by the defendant, the degree of participation of the defendant,

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

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