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(영문) 서울남부지방법원 2016.08.19 2016노750

사기

Text

The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A and B shall be sentenced to six months of imprisonment, and Defendant C.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of each sentence that the court below sentenced against the Defendants (defendant A, B: 6 months of imprisonment, and Defendant C: 8 months of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case committed by Defendant A is deemed to be a simple participant in the crime of this case even in view of the following: (a) the crime of this case committed by multiple persons in collusions with public funds to stabilize the residence of homeless workers; (b) the quality of the crime is inferior; (c) Defendant A took part in such systematic fraud crime; and (d) the defrauded took part in the crime of this case up to KRW 45 million; (c) Defendant A led to the confession and reflect of his own crime; and (d) Defendant A is deemed to be a person who performed the above landlord's role as a lessor; (c) the actual amount of money distributed is more than the above fraud (2 million won according to Defendant A's own assertion); (d) Defendant A deposited KRW 45 million, which is the full amount of money acquired through the above fraud; and (e) other similar and criminal punishment; and (e) other similar incidents and punishment; (e) the age of Defendant A's age; (e) the motive and circumstances of the crime of this case; and (e) various circumstances and (e) the sentencing of this case.

B. The instant crime committed by Defendant B is an offense committed by multiple persons in collusion with a fund for public funds to stabilize the residence of homeless workers, and the nature of such offense is inferior, Defendant B took part in such organized fraud crime, and the amount obtained by the defrauded is up to KRW 50 million, even in view of the following: (a) Defendant B led to the confession and reflect of his own crime; and (b) Defendant B took part in the instant crime as a person who took part in the said lessor’s role as a lessor.