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(영문) 인천지방법원 2015.09.04 2015노1999
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six months, for ten months, for Defendant B, and for eight months, for Defendant C.

Reasons

1. The summary of the grounds for appeal (for defendant A: imprisonment of 8 months; imprisonment of 1 year and 6 months; imprisonment of 1 year and 1 year); imprisonment of 1 year and 1 year) of the lower court is too unreasonable.

2. The crime of this case, which was committed on the market, was committed by the Defendants through the abuse of the housing charter loan system in a systematic and planned manner, is a serious social hazard in that it undermines the foundation of the above system for stabilizing the lives of ordinary people and deprives the ordinary people who need the benefit of the above system, and Defendant B plays the leading role in the crime of this case, Defendant A and B committed the crime of this case again without being aware during the suspension of execution, and Defendant C committed the crime of this case without being aware of it during the suspension of execution, and Defendant C committed two times of criminal punishment for the same crime.

However, in full view of the following: (a) the Defendants led to the instant crime; (b) the Defendants led to the confession of the instant crime; (c) the part of the damage was recovered in the lower court and the lower court; (d) the benefits derived from the instant crime were insignificant; and (e) other factors of sentencing as shown in the records and arguments, such as the Defendants’ age and behavior environment; and (e) the circumstances before and after the instant

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is without merit, and the judgment below is ruled again as follows.

[Judgment used again against the defendant] The summary of facts constituting an offense and evidence recognized by the court is the same as the statement of each corresponding column of the judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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