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(영문) 서울남부지방법원 2015.09.18 2015노1106
사기
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

(2).

Reasons

1. Summary of the Defendants’ grounds for appeal

A. In light of the circumstances such as the fact that Defendant A is against himself, the amount of profit acquired by this case is merely 5,000,000 won, and there is no record of punishment for the same kind of crime, the sentence of imprisonment with prison labor for one year and two months sentenced by the court below is too unreasonable.

B. In light of the circumstances such as the fact that Defendant B is against the Defendant, and that the lower court made efforts to pay damages by depositing KRW 3,000,000 for the victim at the lower court, the amount of profit acquired by the instant case is merely KRW 2,00,000,000, and that the amount of profit was brought toward the instant crime through threat of living conditions and accomplices, the sentence for eight months sentenced by the lower court is too unreasonable.

2. Determination

A. Considering the circumstances alleged by Defendant A and the fact that the Defendant appears to have repaid KRW 20 million at the lower court’s trial, the following facts are acknowledged: (a) 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 thereby the nature of the crime is inferior; (b) the amount of the fraud of this case reaches KRW 89,00,000; and (c) the Defendant is so-called a loan hub; (c) according to the prosecutor’s statement at the prosecution of F of the fraudulent lessee of this case, according to the following facts: (a) the Defendant provided the above F with false documents; (b) issued false documents; (c) distributed false money; and (d) it appears that the degree of the Defendant’s participation in the instant crime appears to be considerably significant; and (d) the Defendant’s age, character, intelligence, environment, motive, means and consequence of the crime; and (d) the circumstances of sentencing specified in the instant case after the crime are considered to be inappropriate and unreasonable.

(b).

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