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(영문) 울산지방법원 2021.01.15 2020노1197
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude to recognize and reflect his/her mistake, and that some of the circumstances can be considered in the living environment of the defendant.

However, the defendant planned to acquire pecuniary profits by abusing the loan system of the National Housing Fund of the National Housing Fund of the Korea Housing Finance Corporation. The fact that the crime is not good, the defendant does not know about the fact that he had committed the crime of this case even though he had been employed as a repeated crime, and that part of the damage to the victim L bank was recovered, and that damage to the Korea Housing Finance Corporation of the actual damage is deemed not to have been recovered, etc. that are disadvantageous to the defendant.

In addition, comprehensively taking account of the following conditions, such as the Defendant’s age, sex, environment, and change of circumstances after the pronouncement of the lower judgment, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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