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(영문) 대구지방법원 2015.10.15 2015노3316
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' respective sentences of the court below (the defendant A: 8 months of imprisonment; 1 year of imprisonment; 8 months of imprisonment; 3 months of imprisonment; 1 year and 4 months of imprisonment; 1 year and 1 year and 8 months of imprisonment) are too unreasonable and unfair.

B. Prosecutor 1) In the facts charged against Defendant B and E, the lower court acquitted the Defendants on the charge of the fraud of the part of the apartment purchase remaining loan loan by deceiving the victims, but it was erroneous in the judgment of the lower court that acquitted the Defendants. 2) Each punishment against the above Defendants by the lower court of unfair sentencing is too uneasible and unfair.

2. Determination

A. The lower court found the Defendants not guilty of this part of the facts charged on the ground that it is difficult to recognize that the Defendants, on the facts charged in the instant case, by deceiving the victims to acquire the loans, based on its stated reasoning.

Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

B. The Defendants’ instant crime against the assertion of unfair sentencing is a bad crime by taking advantage of the lending system implemented by the government to support the leasing of money or start-up of business of ordinary people, thereby acquiring the loans systematically and systematically.

In addition, the number of crimes or the amount of damage is also not limited.

However, it is also recognized that the defendants recognized the facts charged, the defendant A paid 5.5 million won to the Korea Housing Finance Corporation of the victim, and the defendant D deposited the total amount of damages.

In addition, considering the circumstances that are conditions for sentencing, such as the age, character and conduct, the environment, and the degree and attitude of the Defendants’ participation in the crime of family relations, criminal records, and profits acquired from the crime, the lower court’s respective punishment is unreasonable.

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