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(영문) 수원지방법원 2015.11.19 2015노5252
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that there was no record that the defendant was punished for the same kind of crime, and that the defendant seems to have been prevented from committing the crime of this case due to the economic situation at the time, and that the defendant repented and reflected his mistake.

However, the defendant has been punished by a fine due to other crimes. The crime of this case was committed by abusing the system of loan of house lease fund, which was created with public funds for the general public, and committed the crime of this case with other accomplices, such as loan broman, by sharing their respective roles as a whole, and then acquiring a large amount of money exceeding KRW 100 million from the victim Nong Bank Co., Ltd., and taking advantage of it through forgery of loan application documents, etc., and then arbitrarily disposing of the above vehicle from the victims' social service Korea, and then arbitrarily disposes of the above vehicle. It is difficult to view that the crime method, circumstance, and nature of the crime, and the degree of the defendant's participation in the crime of this case and the amount of proceeds from the crime of this case, etc. are too little enough. Despite the fact that the victims suffered damage due to the crime of this case, even though it is considerable, the damage is not recovered to the last time, and considering all the defendant's age, environment, personality, and behavior conditions of sentencing, it is difficult to see that the above defendant's argument is unreasonable.

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

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