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(영문) 광주지방법원 2017.01.05 2016노3825
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is committed in collusion with accomplices by receiving KRW 96 million from a financial institution of a pre-paid housing loan of workers in collusion with the defendant, using a false pre-paid contract, a detailed statement of payment of wages, etc., and there is a big amount of money acquired by deception and is not enough

The Defendant abused the employee’s loan system under which the Government has promoted with the National Housing Fund to stabilize the residence of homeless workers with the aim of stabilizing the housing of homeless workers. Such crime is very bad in that it is committed in that the State’s financial unsound and the fact that there is no adequate loan to homeless workers in need of the support of the deposit money is likely to lead to the mass production of a large number of victims.

The damage was not completely recovered.

On the other hand, the following conditions are favorable.

The defendant is recognized as committing a crime and is against the law.

There is no record of criminal punishment for the same crime.

The equity between the judgment and the case where the judgment was rendered simultaneously with the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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

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