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(영문) 서울남부지방법원 2015.08.11 2015노772
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is against the defendant, and the court below considered the amount of profit acquired by the defendant in this case as 33,000,000 won, but the amount of profit actually acquired by the defendant is merely 20,000,000 won, and C's suspicions of suspicion, it is unfair that the imprisonment for 10 months sentenced by the court below is too unreasonable.

However, the following facts are considered: ① This case is a crime in which multiple persons conspired to prepare documents, such as a certificate of employment, a lease contract, etc. and take them into account, and the quality of the crime is poor; ② the amount of fraud by the defendant is up to 60,000,000 won; ③ the amount of profit acquired by the defendant who has served as a false tenant is about 20,000 won; ② the defendant stated the amount of profit acquired by the defendant in this case at the prosecutor’s office that the accomplice stated the amount of profit of the defendant as 33,00,000,000 won; ② the above argument is difficult to believe that there was no benefit acquired when the defendant makes the first statement at the prosecutor’s office; ④ The amount of profit acquired by the defendant is less than 33,00,000,000 won, ④ The amount of profit acquired by the defendant is less than 20,000,000 won, ⑤ the period of punishment and the circumstances that the defendant did not have any influence until the defendant suffered from the crime.

Therefore, the defendant's appeal is without merit, so Article 364 of the Criminal Procedure Act.

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