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(영문) 수원지방법원 2017.01.11 2016노7673
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant reflects on the crime.

The Defendant appears to have remitted the sum of KRW 30,00 between April 2016 and July 2016 to D, and it appears that D has partially repaid the amount acquired through this money.

However, the crime of fraud in this case is not a good crime because it abused the employee's loan system for the entire house loan that is operated with public funds to stabilize the residence of homeless workers.

The amount of fraud is about KRW 74,50,000,000, and the damage has not yet been recovered (the Korean Housing Finance Corporation, which guaranteed the loan of this case, paid most of the amount of the fraud of this case to the Korean Housing Finance Corporation, and it seems that D et al. agreed to assume the liability for reimbursement of KRW 68,833,00 to the Korean Housing Finance Corporation.

As of November 16, 2016, the amount repaid by D, etc. out of the above indemnity obligation is KRW 1,728,00. The Defendant introduced D upon B’s request to do so to serve as a false lessor, and the degree of participation is not easy.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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