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(영문) 의정부지방법원 2016.11.03 2016노2221
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination is recognized that the Defendant is the primary offender.

However, the crime of fraud of this case is highly likely to cause social harm by deceiving funds in a systematic and planned manner by taking advantage of the weak points of the housing charter loan system for workers, and its nature is heavy 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.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.

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