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(영문) 수원지방법원 2016.10.14 2016노5410
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that each sentence of the lower court (six months of imprisonment) against the Defendants is too unreasonable.

2. The judgment of the Defendants reflects the fact that the Defendants recognized the instant crime and did not have any record of punishment against the Defendants for the same kind of crime, the benefits acquired by the Defendants by the instant crime are relatively large; in the case of Defendant A, the relationship between the violation of the Passenger Transport Business Act and the violation of the latter part of Article 37 of the Criminal Act, which became final and conclusive in the first head of the crime in the judgment of the lower court, and the relationship between the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, and Defendant B deposited KRW 7 million in the lower court for the victim, and Defendant B deposited KRW 15 million in the first instance court for the Korea Housing Finance Corporation that repaid the instant loan to the victim by subrogation.

However, the crime of this case was committed by several persons, including the Defendants, to participate in systematic and planned crimes by deceiving public funds to stabilize the housing of homeless workers by abusing the fund lending system, and the quality of such crime is very poor. Defendant A is a false lessee of the fund lending of this case; Defendant B is a false lessee of the fund lending of this case; Defendant B is also taking the wife H as a lessor, and the investigation agency makes a false statement at the investigation agency. The amount of damage of this case is not only KRW 80 million but also not only KRW 80 million, but also was not agreed with the victim or Korea Housing Finance Corporation until the trial. The damage was not recovered in a considerable part, and other various circumstances, including the Defendants’ age, character, character, environment, motive and environment, motive, means, method and consequence of the crime, circumstances before and after the crime, and criminal records, etc., the punishment against the Defendants is too inappropriate.

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