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(영문) 수원지방법원 2016.08.19 2016노3861
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. The judgment is against the Defendant’s recognition of the instant crime, and the Defendant’s actual benefit acquired by the instant crime is not always high, and the instant crime is a sentencing condition favorable to the Defendant, with regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence, etc.) for which the judgment as stated in the first head of the first crime as stated in the judgment of the lower court became final, and the relationship between the latter and the latter part of Article 37 of the Criminal Act,

Meanwhile, the Defendant’s crime of this case was committed by taking into account the following circumstances: (a) abusing the entire house loan system, thereby taking part in the crime of deceiving public funds to stabilize the residence of homeless workers; (b) the nature of the crime is very poor; (c) the degree of the Defendant’s participation is also not weak; and (d) there is no evidence to prove that the Defendant committed the crime of this case even though he had been sentenced to criminal punishment on several occasions, including the record of having been sentenced to the same kind of punishment before the crime of this case; (d) there is no evidence to prove that the Defendant recovered damage to the victim or has been making efforts to reach an agreement to recover damage to the victim up to the trial; and (e) other various circumstances, which are the conditions for sentencing specified in this case, such as the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable. Therefore,

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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