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(영문) 대전지방법원 2015.10.22 2015노1187
사기
Text

The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant has no record of punishment until now; (c) there is no record of the same crime; (d) the Defendant bears the obligation to the loan; and (e) the Defendant does not acquire the entire amount of the loan; and (e

However, the crime of this case is that the defendant acquired the financial resources created to stabilize the living environment of ordinary people by means of systematic and planned acceptance of funds as a member of the former loan fraud group by abusing the fact that the loan of the financial resources of the Bank for lease on a deposit basis was not strict as the guarantee of the Korea Housing Finance Corporation, and the crime of this case is not very high in quality. In the case of these crimes, the public funds of the Korea Housing Finance Corporation are additionally invested, thereby causing substantial damage to ordinary ordinary people. The defendant did not agree with the victim until the trial. The defendant did not pay interest on the loan to the victim. In this case, the defendant was in charge of the crime of this case, such as receiving the loan in his name, and the defendant was in charge of the important role in the crime of this case. The profit acquired by the defendant from the crime of this case is up to 16 million won, the age of the defendant, his age, the environment and character, the motive and circumstances of the defendant, the committee's recommendation to punish the crime of this case (the sentencing guidelines of this case).

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