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(영문) 서울남부지방법원 2016.01.29 2015노1983
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The circumstances are favorable, such as the fact that the defendant recognized the entire crime and reflects it, that the defendant paid damages of KRW 18 million at the original trial, and that there is no record of punishment for the same kind of crime.

① However, the instant crime was committed by many people to abuse the entire house loan system, which is implemented with public funds for the stabilization of the residence of homeless workers, and there is a high possibility of criticism. ② The Defendant acting as a false lessee in the said fraud crime, and the liability for such crime is grave. ③ The Defendant did not pay damages in addition to the Defendant’s payment of the amount of money KRW 18 million in the name of the Defendant at the lower court, and other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence leading to each of the instant crimes, as well as the circumstances after the crime, etc., which are conditions for sentencing as stipulated in Article 51 of the Criminal Act, which are revealed in the records and pleadings, such as the Defendant’s age, sexual behavior, and environment, as well as the motive, means and consequence leading to each of the instant crimes, cannot be said to be unfair because the sentence imposed by the lower

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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