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(영문) 의정부지방법원 2016.12.07 2016노1599
사기
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of two years for Defendant A and imprisonment of eight months for Defendant Kim Chang-suk) is too unreasonable.

2. The judgment of the defendants recognized the crime of this case and reflects the fact that the defendants actually acquired by the crime of this case, the profits that the defendants actually acquired by the crime of this case are deemed to be not to have been stolen, the defendant A deposited 13 million won (in the first instance court, 3 million won was additionally deposited) for the victim, the defendant B deposited 7 million won, and the defendant B paid part of the interest on the loan in the case of the defendant B. The defendant A actively cooperated in the investigation, such as the confession before the commencement of the investigation, the defendant A made a confession before the investigation, and the fact that the defendant A did not have the same criminal record and there was no punishment record exceeding the fine, etc., which are favorable to the defendants.

However, the crime of this case is a planned and organized crime through the abuse of the house charter loan system after acquiring the loan by means of taking advantage of the false document, and is very poor in the number of such crimes, and the amount obtained by fraud is considerably big. Considering the purpose of the house charter loan system for homeless workers, it is a major issue; most of the damages have not been recovered up to now; in the case of Defendant A, the crime of this case committed the same manual again around May 2013, which was less than one year after the acquisition of the house charter fund, was committed on or around June 2012, which was disadvantageous to the Defendants, such as the motive for the crime, the method and consequence of the crime, the circumstances after the crime, the age, environment, occupation, etc. of the Defendants, and the scope of the recommended sentencing range in the sentencing guidelines of the Supreme Court and the recommended sentencing range in the sentencing guidelines of the Supreme Court.

1. Where the aggravated area (two years and six months to six years) of the types of general fraud (at least 100 million won, and less than 500 million won) is increased by Defendant A: Where the method of commission of crime is very poor;

2. Defendant B.

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