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(영문) 서울남부지방법원 2016.07.01 2016노676
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that C, an accomplice to the instant crime, repaid the full amount of KRW 73,00,000,000, which is the Defendant’s actual acquisition of the instant crime, is limited to KRW 13,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. However, considering the circumstances alleged by the Defendant, the crime of this case is not likely to be committed by multiple persons in collusion with and with public funds to stabilize the residence of homeless workers, and the quality of the crime was poor. ② The Defendant took an important role by participating in and taking part in the crime of systematic fraud. ③ Even if the actual amount of receipt by the Defendant is KRW 13 million, the total amount of damage caused by the crime of this case is not at least KRW 73 million, and ④ the damage was recovered from the crime of this case.

at least the defendant has received, not by the effort of the defendant.

C which has discharged the full amount of KRW 73 million in respect of the claimed KRW 13 million, has the obligation to indemnify the person who has discharged the full amount.

In light of the fact that there seems to be no particular effort to do so, and that there is no difference between the sentencing conditions of the court below as the new sentencing data has not been submitted in the trial, and most of the grounds for sentencing asserted by the defendant are already reflected in the sentencing of the court below, and other various sentencing conditions in the instant case, including equity of similar cases and punishment, criminal records, age, sexual conduct, intelligence and environment of the defendant, relationship with victims, motive, means and consequence of the crime, etc.

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