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(영문) 수원지방법원 2017.07.20 2017노2673
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment that the defendant recognized all of his own crimes and reflects them, the profit actually acquired by the defendant appears to have been KRW 10 million due to the crime of this case, the fact that the crime was one time, the fact that there was no penalty exceeding the fine of the defendant, and the fact that there was no criminal record for the same kind of crime, etc. are considered in favor of the defendant.

However, the crime of this case is a case of acquiring loans in a systematic and planned manner by abusing the weak points of the house lease loan system, which was established for the stabilization of the residence of homeless workers, and not only causes interference with the normal operation of the ordinary people finance support system, but also results in preventing the sound workers who need the loan from returning the benefits to the sound workers who actually need the loan. Moreover, the crime of this case is very poor in that the defendant's failure to recover the damages of the damaged financial institution, which eventually led to the fact that all of the burden became the nation, and the burden was

It is also recognized that the defendant actively participated in the crime of this case by falsely tenanting.

In addition, comprehensively taking account of the defendant's age, sex, environment, motive and circumstance leading to the crime, and circumstances after the crime, etc., the court below's sentencing is too excessive and it is difficult to see that the defendant's above assertion is unfair.

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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