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(영문) 수원지방법원 2017.03.24 2017노473
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The National Housing Fund is a fund created to support the housing fund at a low interest rate for the ordinary people who do not have the house to promote the stabilization of the residence of ordinary people.

The Fund could not function as the original public purpose due to the crime of this case, and it became impossible to provide housing funds as much as the amount has not been recovered from damage.

The amount of defraudation has reached KRW 134 million, and among them the profits acquired by the defendant are not much.

The crime of this case was committed in a systematic and planned manner, and there is no way to commit the crime such as false employment certificate, income tax collection certificate, and lease contract.

The circumstances alleged by the defendant as an element of sentencing in the trial of the court have already been withdrawn during the oral proceedings of the court below, and there is no change in circumstances to be considered in sentencing after the judgment of the court below.

In addition, considering all of the sentencing conditions shown in the pleadings, such as the defendant's age, sex, family environment, etc., it is not recognized that the original sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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.

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