logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.20 2016노5226
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (three years of imprisonment with prison labor for the defendants A and six months of imprisonment with prison labor for the defendants B) is too unreasonable.

2. The Defendants appears to have recognized the instant crime and against the mistake, and the fact that Defendant B deposited KRW 1 million for the Victim Han Bank at the lower court is favorable to the Defendants.

However, even though the Defendants had been punished several times due to the same crime, they committed the instant crime again again, and the crime of fraud against the victim Han Bank of this case seriously undermines the operation of the system of house charter loan for employees to stabilize the residence of homeless workers. Since the crime was committed closely in a systematic and planned manner, it is necessary to strictly punish all accomplices. The amount of damage caused by the said fraud is KRW 60 million, and the degree of damage is not less than 40 million. In the case of Defendant A, in addition to the above fraud, the damage caused by the solely committed the crime committed by the victim G, etc. exceeds the total amount of KRW 40 million. Nevertheless, the victims' damage is deemed not to have been recovered properly, and it is deemed that the victims' damage has not yet been recovered properly, and in full view of all the sentencing conditions shown in the argument of this case, such as the age, character and behavior of the Defendants, environment, and family relationship, it cannot be deemed that the sentence imposed by the lower court is unreasonable.

3. In conclusion, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals of this case are without merit. It is so decided as per Disposition.

arrow