(영문) 수원지방법원 2016.01.28 2015노6552 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2016.01.28 2015노6552

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with mental disorder was committed in a state of mental and physical weakness lacking normal decentralization due to mental illness, such as depression.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, in light of the following: (a) the process, means, content, and method of the instant crime; and (b) the circumstances before and after the instant crime, etc., the Defendant was at the time of the instant crime, which lacks the ability to discern things or make decisions;

Therefore, this part of the defendant's assertion is without merit.

B. We examine the case of determining the unfair argument of sentencing. The case is a case where the defendant involved in the systematic fraud by taking advantage of a false housing lease agreement, etc. to obtain the loans to workers from a financial institution, thereby deceiving the damaged financial institution KRW 80 million from the damaged financial institution. The crime of this case, which abused the employee's lease loan system, causes damage to the employee who is not an actual consumer in good faith and has aggravated the financial soundness of the National Housing Fund, etc. The criminal of this case, which is very severe in society. The defendant was actively involved in the crime of this case, such as taking charge of false tenant's role in the crime of this case, and making a false marriage report by taking charge of false tenant's role, and it seems that the defendant did not make any effort to recover the damage of the victim financial institution until the trial of the court of first instance. In full view of all the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the defendant has not been punished for the same kind of crime.

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