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(영문) 의정부지방법원 2016.12.23 2016노2978
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that the defendant actually acquired the profit seems to be much less than the amount acquired by deception, the fact that the court below deposited the damaged company with the deposit of KRW 10 million for the damaged company, and that there was no record of punishment for the same kind of crime prior to the instant case.

However, the crime of this case seriously undermines the operation of the above system by taking advantage of the "house leasing loan system" for residential stability of homeless workers, and by deceiving the loan money to those who need the fund of this case, deprived of the opportunity for the person who actually needed the fund of the loan, and where the damage is not recovered due to such crime, the loss is not ultimately attributable to the national tax, and is highly likely to be subject to criticism, and the defendant took part in the crime of this case as a false lessor. In light of the degree of participation in the crime, the crime is very significant, in light of the degree of participation in the crime, the crime is not yet agreed with the victimized company, the damage is not yet recovered, and most of the damage is not recovered. The court below seems to have sentenced the lower sentence of the sentencing guidelines set forth in the sentencing guidelines by taking into account the circumstances, such as the defendant's age, character and behavior, environment, background, method of the crime, degree of participation, circumstances after the crime, and the criminal records and arguments in this case.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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