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(영문) 인천지방법원 2014.12.19 2014노3490
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The fact that the defendant led to the confession and reflect of the crime of this case, and that the court below agreed with the victim Hyundai Capital Co., Ltd., and deposited two million won per each of the victims Solomon Savings Bank, and our bank.

However, the Defendant, in collusion with F and others, purchased a vehicle in the name of the client without the intention of purchasing and using the vehicle from the beginning to the end without the intention of using it, and acquired money from the victim Hyundai Capital Co., Ltd., Solomon Savings Bank by deceiving the above victim company as the proceeds of the purchase of the vehicle, or made a false lease contract, employment certificate, etc. using the hub of the worker loan system operated by the National Housing Fund in collusion with N and others, and submitted it to the victim Korean bank to obtain the money for the crime of this case. The Defendant committed the crime of this case in which the money was acquired under the pretext of the loan. In light of the facts and contents leading to the crime of this case where the Defendant acquired money systematically and systematically with the accomplice, it is very poor that the Defendant had been punished for the same kind of crime, and the degree of participation in the crime is not less than 120 million won in the loan of the purchase price of the vehicle of this case and the process of disposal of the vehicle, and it does not appear that the Defendant did not take any undue measures to recover the defendant's age and the criminal sentence.

3. If so, the defendant's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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