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(영문) 서울동부지방법원 2013.10.31 2013노788

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is examined by the application of the deadline for submitting the grounds for appeal, or ex officio.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The decision shows the attitude that the defendant, in substitution of the investigation agency, the court below, and the court of the trial, has taken the attitude of breaking his criminal act and misunderstandings. The fact that the defendant agreed with the victim F, L, the defendant did not have any previous criminal record, the defendant's family members and the branch members submitted the written application that the defendant's wife was the front offender, is favorable for sentencing.

However, the contents of the crime of this case are as follows: (a) the defendant, while carrying on the real estate brokerage business by lending a real estate agent's license without qualification as a licensed real estate agent, acquiring money from the will of the defendant; (b) deceiving the customers who requested real estate brokerage by forging or using the lease contract; and (c) in particular, in the case of the 2012 Go-Ma825, the application for deposit transaction of the lessor is forged or used to forge the application for the deposit transaction of the R and exercise it at will; (d) the third party has arbitrarily opened the R's passbook and exercised it; (e) the third party's loan lease contract (the deposit amount of KRW 130 million is stated) and the receipt are forged, and the victim X, the lessee, who is the lessee, belongs to the above (the lease deposit amount of KRW 20 million is issued to R, monthly rent of KRW 800,000,000, which was forged in the name of X), and the defendant did not have been summoned by the court below to fully recover the damage of this case.