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(영문) 서울남부지방법원 2015.09.11 2015노991
사기
Text

The judgment below

Defendant A, B, C, D, E, F, G, and I shall be reversed.

Defendant

A, for six months of imprisonment, the defendant.

Reasons

1. Summary and determination of the Defendants’ grounds for appeal

A. Defendant A1) Considering that the summary of the grounds for appeal is against the Defendant, and that the amount of profit acquired by the instant case is merely KRW 8,00,000,00, the amount of punishment for eight months, which was sentenced by the lower court, is too unreasonable, considering the circumstances such as the fact that the crime of this case is inferior and that the Defendant does not endeavor to pay damages, it is against the Defendant. Considering the fact that the Defendant stated that the Defendant acquired only KRW 8,00,000,000, out of KRW 60,000,000, the amount of profit of the Defendant due to the instant case appears to be smaller than the above amount of fraud, and that the Defendant did not have any record of punishment other than the amount of punishment for fraud in 208, by taking into account the following circumstances: the Defendant’s age, character and behavior, the Defendant’s character and environment, the victim’s relationship with the victim, the motive and consequence of the instant case, and the circumstances that were found to be unfair after the sentencing.

B. Defendant B (1) In light of the following circumstances: (a) the summary of the grounds for appeal is against the Defendant; (b) the Defendant believed the remarks of the O in the Godong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the Defendant should support his children and old age satis; (c) the Defendant’s punishment for six months is too unreasonable; and (d) the crime of this case is inferior; and (e) the amount acquired by the Defendant is up to 60,000,000 won, taking into account the fact that the Defendant is against the Defendant; (e) the Defendant deposited KRW 13,000 for the Korea Housing Finance Corporation; and (e) the amount of profit acquired by the Defendant who served as a false lessor is stated as KRW 3,000,000.

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