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(영문) 수원지방법원 2016.02.03 2015노7057
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case was committed by the defendant without the actual idea of residing in the house of this case by leasing the house of this case to another person to obtain a security deposit, etc., and by deceiving the victim, the Korea Land and Housing Corporation, which provided part of the security deposit to the vulnerable class, thereby inducing the victim to pay 66.5 million won to the owner of the house of this case on behalf of the defendant for the purpose of providing property benefits equivalent to the above amount. After doing so, in the course of leasing the house of this case to the victim C, the crime of this case was committed by deceiving the above victim, and by deceiving the victim C with 45 million won, in light of the crime history, method and content of the crime, and scale of damage, etc., the crime was not good, and there was no agreement with the victims until the victims, and considerable damage has not been recovered.

The fact that the defendant was committed against the defendant, and the victim C received dividends of KRW 19 million in the discretionary auction procedure for real estate related to the housing of this case (the victim C entered into a lease agreement with the defendant in the name of the wife and received dividends of KRW 19 million in the above auction procedure). In the trial of the party, the defendant deposited KRW 13 million for the above victim, the defendant deposited the above victim's money, the fact that there was no record of criminal punishment other than the defendant was sentenced to a fine for violating the Act on the Establishment of the Local Reserve Forces in 1982, and the fact that the defendant is an aged person is favorable to the defendant.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court is deemed appropriate and too heavy.

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