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(영문) 서울고등법원 2015.04.30 2014노2254
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All of the appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court’s punishment (the three years of imprisonment, the five years of suspended sentence, the two years and six months of suspended sentence, the four years of suspended sentence, the two years and six years of imprisonment, the two years and six months of suspended sentence, and the three years of suspended sentence) is too uneasable.

Judgment

The Defendants: (a) recruited the nominal lender for a certain price, allowed the nominal lender to enter into a false sales contract on an apartment newly constructed by lending the name; (b) obtained a large amount of intermediate payments exceeding 20 billion won from the damaged financial institutions; and (c) acquired it by borrowing money from the damaged financial institutions; (b) the Defendants abused the intermediate payment loan system to facilitate housing stability by providing housing funds to the housing consumers; (c) although the damaged financial institutions seem to have been subrogated for most of the loans by the Korea Housing Finance Corporation that provided the housing finance credit guarantee; (d) however, it is highly likely that the said Korea Housing Finance Corporation or the nominal lender would be subject to criticism due to the social damage caused by the damage caused by the said Korea Housing Finance Corporation or the nominal lender.

Even if it should be eradicated as impairing the fair order in the sale of goods in lots, and some of the nominal holders seem to have suffered serious economic difficulties due to the loan of intermediate payment in this case until now, and up to the trial, Defendant C, the representative director of R, and Defendant D, the former director of the company, planned and led the crime in this case; Defendant F, without clear grounds, filed a false accusation against a person who had been in an internal relationship in the past without a clear ground for the crime in the case of the above fraud, and committed a crime that damages his property in the car book, and then the crime is bad. In full view of the above, the Defendants should be punished strictly corresponding to each of the crimes.

However, the Defendants are all the defendants.

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