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(영문) 서울남부지방법원 2015.07.09 2015노530
사기
Text

The judgment below

Defendant C, D, H, I, J, L, and M respectively.

Defendant

C, D, H, I, J, L, and M respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of six months for each of the defendants, defendant E: imprisonment of six months, and imprisonment of two years for each of the defendants, defendant C, D, H, I, J, L, and defendant K) is too unreasonable.

2. Determination

A. Common reasons for sentencing ① Each of the instant frauds is a planned and organized crime by creating false documents by using the hubs of the pre-tax loan system prepared by the Government for the stabilization of the lives of ordinary people in the National Housing Fund, which is a public fund. ② Each of the instant frauds is deprived of opportunities for use from ordinary people who are detrimental to the foundation of the pre-tax loan system for the stabilization of the lives of ordinary people and actually need to benefit from the above system, and is of significant social harm. ③ In the event the damage recovery by each of the instant frauds is not made, the loss ultimately would have been appropriated for the national tax, and thus, the damage therefrom would have to return to the people. Therefore, each of the instant frauds is very poor.

Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.

B. Defendant B, F, and K are those in charge of the false lessee in the instant crime. Defendant B, F, and K are those in charge of determining the unfair sentencing argument of Defendant B, and K.

The above defendants have shown an attitude against the defendant's child in favor of him, and there are circumstances in which defendant B supports the child.

However, Defendant K committed the instant crime during the period of repeated crime, and the said Defendants did not return the amount of profit acquired by the instant crime, and the reason for sentencing that is common to the preceding is disadvantageous.

In addition, the circumstances leading to the crime of this case and the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime.

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