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(영문) 서울남부지방법원 2016.12.16 2015노1689

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The instant crime is determined based on the following: (a) the Defendant appears to have an attitude to recognize and reflect the Defendant’s mistake; (b) the actual gains from the instant crime appear to be less than the above fraud; (c) the Defendant’s criminal act appears to be less than the above fraud; (d) the Defendant’s criminal act committed in collusion with a fund for the stabilization of housing for homeless workers; (e) the quality of the crime is inferior; (e) the Defendant took part in such organized fraud as a lessee; and (e) the amount of defraudation also reaches KRW 40 million; (e) the Defendant appears to have committed the instant crime; and (e) the Defendant’s punishment for damage recovery; (e) the Defendant’s criminal act was committed on March 20, 2015 to September 18, 2015; (e) the Defendant’s criminal act was committed on the basis of the following factors: (e) the Defendant’s age from October 13, 2015 to September 18, 2015; and (e) the Defendant’s age and the Defendant’s 30.

3. If so, the defendant's appeal is reasonable, and the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Along with the judgment of multiple court, the part against the defendant in the judgment of multiple court - The summary of the crime and evidence recognized by the court against the defendant is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.