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(영문) 서울남부지방법원 2015.11.13 2015노1451
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the defendant is against the law, the profits acquired by the defendant are only 10,000,000 won out of 56,00,000 won by fraud, and the defendant is merely a simple person who served as the lessee because he was involved in the rush of the former loan hub due to the rush in the economic poor situation, and only one year of punishment by a fine for the violation of the Electronic Financial Transactions Act. In light of the above, the punishment imposed by the court below (6 months of imprisonment) is too unreasonable.

However, considering the circumstances in which the defendant asserts, ① this case is deemed to have acquired KRW 10,00,000 out of the above amount of the fraud, and ④ in consideration of other various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., the punishment imposed by the court below shall be appropriate, and it shall not be deemed to have been excessively unreasonable, in consideration of the following circumstances: (a) it is deemed that multiple persons conspired to prepare documents, such as a false certificate of employment, a rental contract, etc., and obtain the house chartered fund by using it; (b) the amount of the fraud of this case reaches KRW 56,00,000; and (c) it is recognized that the defendant who has served as a false lessee has acquired KRW 10,00,000 out of the amount of the above fraud; (d)

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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