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(영문) 서울서부지방법원 2017.11.23 2017노1171

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each punishment (for defendant C: 6 months of imprisonment and defendant F: 2 years of suspended sentence in 6 months of imprisonment) against the Defendants is too unreasonable.

2. The Defendants, who led the instant crime, led the Defendants to make a confession of the instant crime and to reflect their mistakes, and to N and R, which are other accomplices.

It is not visible that the profits acquired by the defendants from the crime of this case fall short of the total amount of fraud, and the circumstances favorable to the defendants are favorable.

However, the crime of this case is deemed to have been committed by the Defendants with accomplices as if they were actually committed the crime of this case. The amount of fraud of this case is the large amount, most damages have not been recovered, and the Defendants' participation in the crime of this case is not easy by taking into account the following factors: the Defendants' role as the lessee of a false lease contract; Defendant C constitutes a repeated offense; Defendant C is the age, sex, environment, the process and consequence of the crime of this case; and the circumstances after the crime of this case, etc., it cannot be deemed to be unfair since each punishment against the Defendants is too excessive. Thus, the Defendants' allegation of unfair sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.