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(영문) 수원지방법원 2017.01.19 2016노7739
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the defendant's appeal reasons (unfair sentencing) that the defendant recognized a mistake and speaks against the defendant, that the accomplice E who served as a lessor compensates for all the loans obtained by the victim bank, that the defendant deposited KRW 8,000,000 for E, and that the defendant deposited KRW 8,00,000 for E, and that co-offenders in the crime of fraud of the loan loan of the house of this case except the defendant was sentenced to a suspended sentence of imprisonment, the court below's sentence of imprisonment with prison labor for one year is too unreasonable.

2. The crime of this case is not good to be committed by the Defendant by acquiring a loan which is a public fund systematically and systematically by abusing the entire house loan system created to stabilize the residence of ordinary people with his accomplices. The Defendant shared a critical act of acquiring a loan by means of preparing documents necessary for the loan and recruiting lessors. It seems that the amount obtained by defraudation exceeds 120,000,000 won and the amount acquired by the Defendant is not much much. C and D, who are accomplices, are relatively minor compared to the Defendant, and the victim bank has compensated damage equivalent to 130,000,000 won to be damaged by the victim bank, and expressed their intent not to have the Defendant want to be punished against C and D, while the Defendant led the Defendant to commit the crime of this case and expressed his intent not to have been punished against the Defendant, including the motive and conduct of the crime of this case, and the extent of the Defendant’s deposit of KRW 130,00,00,00 with the Defendant’s money before and after the execution of the crime of this case.

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