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(영문) 인천지방법원 2020.05.07 2019노4440
사기등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months, Defendant B and C, respectively.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (one and half years of imprisonment with prison labor for Defendant A, Defendant B, and Defendant C) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The instant fraud crime is deemed to have obtained a planned and systematic loan by taking advantage of the hubs of the loan system for the entire loan that was created for the stabilization of the people’s residential stability, and the nature of the crime is bad and the possibility of social criticism is high.

The scale of damage caused by the instant fraud is also reasonable.

After committing the crime, the Defendants attempted to impose punishment on accomplices by making false statements for a long time after committing the crime, and Defendant A and B were given perjury in the process.

However, the Defendants recognized all of the crimes of this case and opposed to their mistake.

Defendants are the first offender who had no previous criminal record.

In comparison with the total amount of fraud, the defendants did not have a substantial profit. The defendants deposited the amount of damage for the victim bank and the Korean Housing Corporation (the defendant A3,738,200, the defendant B50,000, and the defendant C130,000,000).

Defendant

The above-mentioned contents A and B are related to their own crimes, and some of the motive and circumstances of the crime can be considered.

The court below's each punishment against the defendants is too inappropriate in light of various sentencing conditions shown in the argument of this case, such as the age, environment, family relationship, and circumstances after the crime.

Therefore, the defendants' assertion is justified and the prosecutor's appeal against the defendants is without merit.

3. In conclusion, the defendants' appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following is again decided after pleading.

[Judgment which has been written]

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