(영문) 부산지방법원 2016.09.02 2016노2372 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.09.02 2016노2372

사기

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Each sentence of the court below against the defendants (the defendant A: 6 months of imprisonment, the defendant B: 10 months of imprisonment, and the defendant C: 8 months of imprisonment) is too unreasonable.

Judgment

The crime of this case, which is a common sentencing factor, is a crime that multiple people conspired with a housing charter loan system, implemented with public funds to stabilize the housing of low-income workers, and the crime is not punishable because of its poor nature.

However, all the Defendants recognized the instant crime and are in profoundly against themselves.

Defendant A’s review reveals that there was no previous or criminal history other than a fine once imposed by Defendant A, but it is difficult for Defendant A to view that the degree of participation as a false tenant is insignificant, and that there was no evidence to support the sentencing after the decision of the court below was rendered. In full view of the following: (a) details of the instant crime; (b) circumstances after the commission of the crime; (c) circumstances after the commission of the crime; (d) the age, character and conduct of Defendant A; (c) the character and conduct of the Defendant; and (d) sentencing cases in the same or similar cases; and (e) various sentencing conditions indicated in the instant argument, such as sentencing cases in the instant case; and (d)

Defendant

Although Defendant B is not subject to criminal punishment exceeding the fine, Defendant B’s punishment is too unreasonable, considering the following: (a) the degree of participation as a false tenant is difficult to be deemed minor; (b) the amount of fraud and the amount of profit actually acquired is considerable; and (c) the amount of damage was not paid to the court below up to the trial; and (d) there was no evidence to take into account the sentencing after the sentence of the court below was rendered; (b) the circumstances of the instant crime; (c) the circumstances after the commission of the crime; (d) the age, character and conduct of the Defendant B; and (e) the sentencing conditions in the instant case, such as sentencing precedents in the same or similar cases. Therefore,

유사 판례

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