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(영문) 서울남부지방법원 2015.08.20 2015노756
사기
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the court below (e., six months) 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 A’s judgment on the assertion of unfair sentencing by Defendant A is a person who takes the role of a false lessor in the instant crime.

Since the role of the lessor in the completion of the instant crime is also important, the nature of the crime cannot be deemed to be less than that of the person who takes the role of a false lessee, and the reason for the common sentencing as seen earlier is disadvantageous.

However, Defendant A shows an attitude that Defendant A had his depth and reflect on the instant crime, and Defendant A had no criminal power, and Defendant A deposited money exceeding the amount of profit he acquired in the first instance and made considerable efforts for the repayment of damage.

In addition, the circumstances leading to Defendant A to commit the instant crime and circumstances after committing the instant crime, etc.

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