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(영문) 서울남부지방법원 2015.09.11 2015노666
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances such as the fact that the defendant committed the instant crime due to economic difficulties, the fact that there is no criminal record for the same kind of crime, and the family members to be supported by the defendant, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, considering the following: ① the crime of this case is committed by multiple persons in collusion to prepare a false document, such as a certificate of employment, a lease contract, etc., and thereby, the quality of the crime is bad; ② the Defendant is a false lessee and takes the part in the crime; ② the Defendant plays a role as a false lessee; ③ the amount of fraud of this case is KRW 50,000,000, which was not recovered from damage up to the trial; ③ the Defendant’s age, character and conduct, intelligence and environment, motive, means, means, and consequence of the crime; and the circumstances after the crime, etc., which are conditions for the sentencing of this case, the punishment imposed by the lower court is appropriate, and it is not unreasonable to deem that it

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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