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(영문) 서울남부지방법원 2015.07.23 2015노631
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is divided into several parts of the Defendant’s mistake; (b) the Defendant actually acquired profit by the instant crime; (c) the family members are faced with difficulties in living due to the detention of the Defendant; and (d) the Defendant’s health is not good; and (c) the sentence imposed by the lower court is too unreasonable.

2. The fact that the Defendant appears to have taken the attitude of reflecting the Defendant’s mistake in the instant crime is favorable to the Defendant, but the Defendant is a person who takes the role of a false tenant in committing the instant crime. The instant crime is committed by the Government, which is a public fund, in a planned and organized manner, by taking advantage of the weak points of the fund loan system established to stabilize the lives of ordinary people in the National Housing Fund that is a public fund, and thus, is highly likely to be subject to criticism, and the Defendant has not made any effort to recover damage, such as not returning the amount of profit he acquired, and in the event that the damage is not recovered from the instant crime, the loss incurred therefrom is ultimately appropriated by the national tax, and thus, the damage therefrom can be returned to the citizens, which is disadvantageous to the Defendant.

In addition to these circumstances, comprehensively taking account of the circumstances that led to the instant crime, the amount and degree of damage, the circumstances after the instant crime was committed, and other circumstances, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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