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(영문) 서울남부지방법원 2016.04.08 2016노89
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. Determination ① It is recognized that the Defendant has no history of criminal punishment, and that the Defendant is against the Defendant’s acknowledgement of the instant crime.

② However, among the instant frauds, the part of the National Housing Fund Jeonse loan fund in the context of the instant crime was committed by multiple persons who conspired to share duties, obtain a systematic and systematic loan from a financial institution by means of acquiring a false lease contract, etc., and such crime is extremely bad in nature, and thus, losses are ultimately caused to the nation as a whole. As such, it is necessary to punish the Defendant. The Defendant provided his resident registration abstract, etc. to the accomplice as a means of crime, and took part in the criminal act, such as pretending the lessee to appear directly in the lending financial institution. Even according to the Defendant’s assertion, the Defendant is divided into KRW 30 million out of the defrauded amount, and the amount obtained by the instant crime was divided into KRW 21 million, and the Defendant did not pay any damage to the name of the financial institution. ③ In addition, considering all the circumstances such as the motive, means, methods, results, and the circumstances of sentencing after the instant crime, the sentence of the lower court cannot be deemed to be unfair by imposing the sentence excessively.

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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