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(영문) 수원지방법원 2017.09.14 2017노4548
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) recognizes and reflects the error of the defendant; (b) there is no record of criminal punishment for the same crime; and (c) there is no benefit acquired by the crime of this case, the sentence of the court below that sentenced one year of imprisonment is too unreasonable.

2. The crime of this case was committed by the Defendant in collusion with G, etc. by abusing the loan system for the entire house loan of 124 million won from financial institutions by taking advantage of the loan system for the entire house loan for homeless workers to stabilize the residence of homeless workers. The crime of this case was committed by the Defendant, which is not good to form a crime, by taking advantage of the following facts: (a) the degree of participation in the crime was inappropriate; (b) the degree of participation in the crime was not easy; (c) the damage was not recovered; and (d) the circumstances alleged in the grounds of appeal are already reflected in the sentencing; (d) there was no special change of circumstances that could be considered in the first instance trial; and (e) the sentencing of the Defendant, the age, sex, environment, degree of damage, motive and circumstance of the crime, and all the sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime was committed, and thus, the above argument is without merit.

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

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