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(영문) 부산지방법원 2016.06.30 2016노1229
사기
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

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

Judgment

The crime of fraud of this case is an unfavorable circumstance, where the crime of fraud of this case is committed by taking advantage of the "house leasing loan system" for the stabilization of the residence of homeless workers, thereby seriously impeding the operation of the above system by deceiving the loans, deprived of the persons who need the real deposit money, and where the damage is not restored due to such crime, the loss is ultimately attributable to the national tax, and is likely to be subject to criticism, and the defendant has committed the crime of this case systematically and systematically by participating in the crime of this case as the lessee by participating in the crime of this case. It is highly necessary to eradicate the crime of this case, and the defendant has been punished once as a suspended sentence, and the defendant has been punished four times as a fine.

However, in light of the following circumstances, the Defendant’s confession of the crime of this case, the Defendant appears to have actually acquired KRW 20 million out of the amount obtained by deception, and the Defendant’s punishment imposed by the lower court is somewhat unreasonable, taking into account the following circumstances: (a) repayment of KRW 4.1.5 million to the Korea Housing Finance Corporation in fact to the damaged Korean Housing Finance Corporation; (b) repayment of KRW 4.15 million to the injured Korean Housing Finance Corporation; and (c) repayment of KRW 16.3 million to the injured Korean Housing Finance Corporation in fact to the injured Korean Housing Finance Corporation; and (d) the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) other various factors, which are conditions for sentencing specified in the instant records and theories, such as the circumstances after the crime, etc.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged again after pleading as follows.

[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court, and the same.

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