logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.25 2015노1250
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

The gist of the grounds for appeal by the defendant is that the defendant was the first offender, and that the real estate broker M and L was going to proceed to the crime of this case by solicitation during a difficult situation, the defendant merely lent the lessor's name, and the degree of participation in this case is minor, the amount of profit acquired by the defendant in this case is merely KRW 9,50,000, voluntarily surrendered, and deposited KRW 12,00,000 for the victims, etc., the punishment of imprisonment for one year by the court below is too unreasonable.

Considering the fact that the crime of this case was committed by multiple persons in collusion with the document such as a certificate of employment, lease contract, etc., and the crime of this case was committed through fraud, and the crime of this case was committed in a false manner, and the crime of this case was committed twice and the total amount of fraud amount reaches KRW 126,00,00,00, it is argued that ① the defendant is in profoundly against the defendant's living in custody for three months; ② the defendant has no record of punishment; ③ the defendant voluntarily surrenders the defendant; ④ the defendant has 9,50,000 won through the crime of this case; and ④ the defendant is a systematic crime in which many people participated; considering the circumstances that the defendant is mere simple counsel, the amount of profit acquired by the defendant of this case is deemed to significantly fall short of KRW 126,00,00,000, ⑤ the sum of the victims to the trial, the defendant deposited KRW 13,500,000 in total, the defendant's motive to commit the crime of this case and its circumstances, and circumstances.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

arrow