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(영문) 대전지방법원 2015.05.28 2014노3532
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, the suspension of execution for three years, and the community service order 120 hours) of the lower court against the Defendant is deemed unreasonable.

2. Each of the instant crimes is a situation unfavorable to the Defendant, such as: (a) each of the instant crimes committed by the Defendant, by abusing the fact that the Defendant’s lending of money for lease deposit is not strict in the course of lending examination and recovery as a guarantee by the Korea Housing Finance Corporation; (b) by systematically and in collusion with the defraudeds of loan funds; and (c) the nature of the crime is not good; (d) in the case of the instant crime, the matter of public funds by the Korea Housing Finance Corporation would be resolved; (c) ultimately, the ordinary people would suffer substantial damage; (d) the Defendant’s participation

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the defendant's age, character and behavior, environment, motive, means and consequence, the circumstances before and after the crime of this case, etc., there are no specific criminal records other than the punishment imposed by the defendant for the violation of the Road Traffic Act, the defendant's each crime of this case did not lead each of the crimes of this case, the defendant's suicide, the defendant's escape from punishment, etc., and the social relation seems clear, such as punishment for the crime of this case similar to this case, there is a need to consider the balance with the punishment for the crime of this case. The prosecutor's assertion is without merit.

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

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