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(영문) 수원지방법원 2016.10.20 2016노5516
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair form of punishment) is against the mistake of the defendant; (b) the defendant did not participate in the crime of this case planned and actively; (c) reported the fact to the investigation agency by himself; (d) the spouse and health of the defendant is faced with the economic difficulty if the defendant is detained continuously; and (e) the defendant needs to consider equity with the case where the judgment is rendered simultaneously with the crime of acquiring stolen goods for which judgment becomes final and conclusive; and (e) the sentence of the court below

Judgment

The crime of this case is not good to form a crime by acquiring a loan by abusing the system of exclusive house loan for the stabilization of the lives of ordinary people. The defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same court on March 29, 2007. The defendant was sentenced to a suspended sentence of 1 million won by taking into account the following circumstances: the amount of fraud amounting to 80 million won and the amount acquired by the defendant through the distribution from his accomplices is not more than 40 million won; the defendant was not recovered from damage up to the trial; on September 2, 2005, the defendant was sentenced to a suspended sentence of 3 years by imprisonment with prison labor for the crime of violation of the Punishment of Violence, etc. Act (Composition of Organizations, etc.) in the Suwon District Court's Ansan Branch branch on September 2, 2005; the defendant was sentenced to a suspended sentence of 2 years by intentionally causing a traffic accident, and the defendant was sentenced to imprisonment with prison labor for the same court on March 29, 2007.

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