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(영문) 서울고등법원 2015.05.21 2014노3879
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the Defendant was the first offender, and the Defendant recognized the crime of this case and appeared to repent of mistake late later, and there are circumstances that can be considered in light of the circumstances, such as the fact that some damages were compensated due to the progress of the auction procedure on the substantial part of the apartment that was transferred in the so-called name as the crime of this case.

However, the crime of this case is committed by taking advantage of the fact that financial products of the mother mortgage theory of the Korea Housing Finance Corporation in order to assist the general public in preparing for an apartment house by providing a fixed rate loan to the employees with fixed revenues, are relatively easy if they meet the formal loan requirements, and thus, a sale agent of unsold apartment units is issued a false appraisal statement in collusion with a sale agent of unsold apartment units in collusion with the appraisal agent, Baber, appraisal service provider, appraisal agent, appraiser, loan hub, etc., and on this basis, by preparing a false sales contract in the name of a third party and submitting a loan application document including a false appraisal statement and a false sales contract in the name of a third party after completing the registration of ownership transfer for apartment units, and taking it by receiving a loan exceeding the secured value of apartment units. Thus, the preparation and execution process of the crime is very closely sealed, organized, and the amount of damage is very serious in its nature and crime.

The Defendant planned and led the instant crime, and appears to have acquired a substantial portion of the profits accrued from the instant crime, and the amount of damages that the victim has still not recovered, excluding the transferred portion through the auction procedure, and cannot be measured by the figures that would have been disbursed due to the instant crime.

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