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(영문) 수원지방법원 2016.12.09 2016노7617
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (three months of imprisonment) is too unhued and unfair.

2. The crime of this case is not deemed to have been committed by the Defendant by deceiving the loan by abusing the entire house loan system prepared for the stabilization of the people's housing. It is not good that the Defendant committed the crime of this case. It is not deemed to have committed the crime of this case by taking into account the following facts: (a) the Defendant, who was an accomplice, was to take part of the loan interest to the Korea Housing Finance Corporation established for the stabilization of the people's housing; (b) the Defendant distributed the loan amount of KRW 80 million by means of fraud; and (c) the amount acquired by the Defendant by acquiring the loan amount of KRW 19.6 million from his accomplice is also the amount acquired by acquiring the loan amount of KRW 19.6 million from his accomplice; and (d) the Defendant is recognized as committing the crime of this case; (c) the Defendant has paid KRW 2 million to the Korea Housing Finance Corporation, the guarantor of the above loan obligation, and (d) agreed to repay the remaining amount in installments each month; (d) the Defendant, who was an accomplice, deposited 1.2 million won for the Korea Housing Finance Corporation subrogated by subrogation to the victim; (d) the motive and circumstances and circumstances of the Defendant's.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is clear that the name of the defendant was a clerical error in the name of "C" in 3.9 pages of the judgment of the court below, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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