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(영문) 수원지방법원 2016.10.27 2016노2980
사기
Text

The defendant's appeal is dismissed.

Reasons

In light of the following: (a) the summary of the Defendant’s grounds for appeal (unfair form of punishment) is against the mistake of the Defendant; (b) the amount acquired by the instant crime is merely eight million won; and (c) the Defendant suffered damage by deception in the process of purchasing a house for the children suffering from Atotop disease; and (d) the circumstances under which civil litigation was underway, which led to the occurrence of damage caused by the instant crime, the lower court’s sentence that issued a community service order for two years and 80 hours of suspended execution in August is too unreasonable.

Judgment

The crime of this case is not the quality of the crime that the defendant abused the loan system of the entire house loan which was prepared for the stabilization of the lives of the ordinary people in collusion with loan brokers, and acquired the loan twice. It is not good to use the loan by taking advantage of the system of the whole house loan which was prepared for the stabilization of the lives of the ordinary people. The defendant distributed the amount acquired by the accomplice as a direct lessor to take part in the decision-making action for the purpose of acquiring the loan, and the amount of fraud is the larger amount exceeding 90 million won in total. The defendant received 5 million won from the loan broker A from June 5, 2009 and paid 2 million won in the introduction fee to B, and deposited the remaining 3 million won in the account. On August 7, 2009, the defendant received 8 million won out of the amount acquired by acquiring the crime from the accomplice, and the defendant did not take into account the motive and circumstances of the crime of this case including the total sum of 10 million won acquired from the accomplice and the defendant's argument.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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