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(영문) 인천지방법원 2016.09.30 2016노3034
사기
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. Although the above defendant's mistake and violation against the defendant A, and equality with the case where the defendant was tried with the violation of the Electronic Financial Transactions Act after Article 37 of the Criminal Act, which is a concurrent crime after the latter part of the Criminal Act, should be considered, the crime of this case is planned and systematically acquired public funds by using the weak points of the fund loan system prepared by the government to stabilize the residence of ordinary people in the National Housing Fund, which is a public fund. If the damage from this crime is not recovered, the loss can be ultimately appropriated for the citizen's tax, and thus, the damage can be returned to the citizen. The above defendant cannot be deemed to have made any effort to recover the damage; the crime of this case is recognized as having been committed without being familiar with the period of repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; the crime of this case is punishable for the same kind of crime; the records of criminal punishment; the circumstances and circumstances of the defendant's participation in the crime of this case; the motive and condition of the crime of this case; and the motive and circumstances of this case;

B. As seen earlier with respect to Defendant B, the instant crime is very likely to commit the crime by processing false documents with the permission point of the entire loan system, thereby acquiring public funds in a planned and systematic manner.

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