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(영문) 서울남부지방법원 2015.07.17 2015노668
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of 8 months of imprisonment sentenced by the court below is too unreasonable in light of the fact that the defendant was faced with difficulties in economic activities due to the disease of the defendant, who was faced with his living and faced with difficulties in economic activities, and that he was faced with the crime of this case, is against the fact that he was to support his parents, and that he should support his parents.

Considering that the circumstances alleged by the Defendant and the facts that the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, ① this case is a crime that multiple persons conspired to prepare documents, such as a certificate of employment, a lease contract, etc., and obtains the house chartered fund by using the document, and thereby the nature of the crime is bad, ② this case’s fraud amount to KRW 55,00,000, ③ the Defendant is recognized to have acquired KRW 16,500,000, out of the above fraud amount by himself, ③ the Defendant who has served as a false lessee, and the Defendant did not endeavor to pay damages up to the trial, ④ the period of punishment up to 20 times, ④ the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances of the punishment as indicated in this case, etc., the sentence of the lower court is proper and 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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