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(영문) 인천지방법원 2016.10.27 2016노3217
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is against the confession of the crime.

The Korean Housing Finance Corporation, which made a substitute payment for the amount of damage to the victim and paid 8 million won to the actual victim at the court below and agreed to pay 1 million won per month over 59 months.

There is no particular criminal history prior to the instant crime.

However, the crime of this case is not likely to be committed in a systematic and planned manner by abusing the blind points of the employee loan system for housing deposit loan.

The degree of the defendant's participation in the crime is not easy, but the amount of profit actually acquired is not much.

Until now, a considerable portion of the damage has not been restored.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence of the court below is too unreasonable.

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

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