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(영문) 서울남부지방법원 2015.11.13 2015노1479
사기
Text

The defendant's appeal is dismissed.

Reasons

In light of the circumstances such as the fact that the defendant is against himself and the amount of profit acquired by the defendant is only 11 million won, the punishment of eight months of imprisonment sentenced by the court below is too unreasonable.

The following facts are considered: ① This case is a crime in which multiple persons conspired to prepare false documents, such as a certificate of employment, a rental contract, etc., and by using the false documents, and the crime is inferior; ② the amount of fraud of this case is up to 63,000,000 won; ③ the Defendant, who has served as a false tenant, voluntarily acquired KRW 11,00,000 out of the amount of the above fraud; ③ the Defendant did not endeavor to pay damages up to the trial; ④ the Defendant did not endeavor to pay damages; ④ the number of penalties up to four times before the crime in this case; ⑤ other factors such as the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, the sentence imposed by the court below is appropriate and it is not 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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