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(영문) 서울남부지방법원 2015.08.21 2015노871
사기
Text

The judgment below

Part of the defendant A, C, D, and F shall be reversed.

Defendant

A Imprisonment for one year, and Defendant C shall be punished.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. In light of the circumstances such as the fact that Defendant A is against himself, the first offender, the fact that he was an accomplice, and the amount of profit acquired by the Defendant through the instant crime is less than 4.5 million won, but deposit KRW 90 million with Co-Defendant C, D and the co-defendant B of the lower court, the imprisonment of two years sentenced by the lower court is too unreasonable.

B. In light of the circumstances such as the fact that the defendant C is against the defendant, the suffering of the disease, the first offender, the fact that the defendant was going to commit the crime of this case by the recommendation of co-defendant A, the amount of profit acquired by the defendant through the crime of this case is not more than 4 million won, but deposit KRW 30 million with the above A, the punishment for six months sentenced by the court below is too unreasonable.

C. In light of the circumstances such as the fact that the defendant D is against himself, the defendant was going to proceed to the crime of this case by the recommendation of co-defendant A who is the birth, and the amount of profit that the defendant acquired by the crime of this case is less than 4 million won, but deposited with the above A at the same time, the punishment of 8 months sentenced by the court below is too unreasonable.

Defendant

E In light of the circumstances such as the fact that the defendant is against the defendant, the fact that the defendant has no profit acquired in this case, and the fact that he must support his family, the punishment for 8 months sentenced by the court below is too unreasonable.

E. In light of the circumstances such as the fact that Defendant F is against the Defendant, the amount of profit acquired by the instant case is merely 19 million won, and the first offender, the punishment for 10 months sentenced by the lower court is too unreasonable.

2. Determination

A. Defendant A (1) The instant case is an offense in which multiple persons conspired to prepare false documents such as a certificate of employment, a lease contract, etc. and obtain the house lease fund by using it, and the quality of such a crime is inferior.

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