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(영문) 의정부지방법원 2017.09.15 2017노1317
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The Defendant, in collusion with C, acquired a false certificate of employment and a real estate lease agreement with C by borrowing KRW 184 million from the fund for lease on a house. The instant crime is the fact that multiple persons conspired to acquire a loan in a planned and systematic manner by using the capital source of the National Housing Fund created to stabilize the residential environment of ordinary people, and the crime is heavy in light of the method of crime, the amount of fraud, and the degree of the participation of the Defendant in the possession of the Defendant.

The amount of damage of the victim bank corporation reaches KRW 184 million, and did not reach an agreement with the victim bank until it was in the first instance.

On the other hand, the defendant recognized the crime of this case and reflected it.

There is no record that the defendant has been punished in excess of a fine.

The defendant seems to have no profit from the crime of this case.

The Defendant paid 22,50,000 won to the credit guarantee information of Korea, which was delegated by the injured bank to collect claims from the injured bank, and agreed to repay 17,00,000 won out of the remaining loans to the Korea Housing Finance Corporation, which is the guarantee agency for the victimized bank, and to repay the remainder in installments.

assessment may be conducted.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the sentence of the lower court is too heavy.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Judgment] The summary of facts constituting an offense and evidence recognized by the court is different from the judgment of the court below.

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