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(영문) 서울남부지방법원 2015.07.10 2015노632
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is against the defendant, and the defendant acquired approximately KRW 17,00,000 out of KRW 56,00,000,000, out of the fraud of this case, 10,000, among which 10,000,000 was brought to the her husband, and the her husband left the her husband after the her husband went to the her husband, and must support the her mother who suffers from a disease with her her son, etc., the punishment for 6 months sentenced by the court below is too unreasonable.

In light of the circumstances alleged by the Defendant, the following facts are considered: (a) This case is a crime in which multiple persons conspired to prepare false documents, such as a certificate of employment, a lease contract, etc., and thereby obtain the house chartered fund by using it, and the crime is not the quality of such crime; (b) the amount of the fraud of this case reaches KRW 56,00,000; and (c) the Defendant, who has served as a false lessee, has acquired approximately KRW 17,00,00 out of the above money by himself/herself; (d) there is no effort for the Defendant to pay damages up to the trial; and (d) taking into account other various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below is appropriate and unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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