(영문) 부산지방법원 2016.05.12 2015노4109 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.05.12 2015노4109

사기

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for 6 months, and Defendant C: imprisonment with prison labor for 8 months) is too unreasonable.

2. Determination

A. The crime of fraud in this case, such as the nature of the crime of fraud in this case (the common circumstances of the Defendants), committed the crime of fraud in this case by abusing the "house leasing loan system" to stabilize the residence of homeless workers, thereby seriously impeding the operation of the above system, deprived of the persons who need the real lease fund, and in the event that the damage is not recovered due to such crime, the loss is ultimately not attributable to the national tax, and is likely to be subject to criticism. The Defendants committed the crime of fraud in this case in a systematic and planned manner by participating in the crime of this case as the lessee by participating in the crime of this case as a false lessee, and even if they participated only in part of the crime, there is a great need to eradicate it through strict punishment.

B. In light of the nature of the crime of fraud of this case, Defendant A’s punishment for Defendant A is an unfavorable circumstance.

However, in consideration of the fact that Defendant A led to the confession of the instant crime, that is the primary offender, that Defendant A was obtained KRW 12 million out of the amount of defraudation, and that Defendant A deposited KRW 2 million for the Korea Housing Finance Corporation as a de facto damaged person for the first time in the trial, and other various circumstances that form the conditions for sentencing as indicated in the records and theories of the instant case, such as Defendant A’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment that the lower court sentenced to Defendant A is somewhat unreasonable.

(c)

Defendant

C In light of the nature of the crime of fraud of this case, there is a need to punish Defendant C.

However, it is against Defendant C’s confession of the instant crime.

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