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(영문) 서울동부지방법원 2015.10.15 2015노800
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, and the fine of 5 million won) by the court below is excessively unreasonable.

2. The judgment of the Defendants led to the confession and reflect of the instant crime, Defendant A did not have the same criminal record, Defendant B did not have any other penal record than the one-time fine, the Defendants agreed with the victim UNke system, and Defendant B appears to have no actual benefit from the instant crime, which are favorable to each of the Defendants.

On the other hand, the crime of this case is committed by the Defendants in collusion with the Defendants to actively obtain a false notarial deed in order to avoid the obligation to the victims, and the liability for the crime is not less severe, and the victim suffered additional damage by filing a lawsuit of demurrer against the distribution, etc. due to the Defendants’ crime, etc.

In light of the above circumstances and other factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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