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(영문) 의정부지방법원 2017.01.19 2016노2823
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant does not have any criminal records other than the one-time fine for a different type of fine.

However, the crime of fraud of this case is the acquisition of funds in a systematic and planned manner by taking advantage of the weak points of the house leasing loan system for workers, and the nature of the crime is not weak in light of the degree of the defendant's participation.

Even if the amount acquired by the defendant is so much, the defendant did not agree with the victim so that he/she would be subject to the trial, and did not completely recover from the damage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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