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(영문) 서울남부지방법원 2015.06.26 2014노2297
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the crime of this case was committed by acquiring money by means of a systematic false document, and the nature of the crime is inferior, the damage amount reaches KRW 200,000, and the defendants cannot be viewed to be against the part of the crime. In light of the above, the punishment of imprisonment with labor for Defendant A, 2 years of probation, 3 years of suspended execution, 3 years of suspended execution, 1 year of imprisonment with labor for Defendant C, 3 years of suspended execution, 3 years of suspended execution, 1 year of suspended execution, 3 years of suspended execution, 4,00,000 of fine for Defendant E is too unreasonable.

Considering the circumstances alleged by the prosecutor, Defendant A, Defendant A, Defendant A, Defendant A, Defendant B, Defendant E, Defendant B, Defendant E, Defendant E, 204,591,50 won, 200,000 won and 20,000 won, and the victim did not want to be punished against the above Defendants, Defendant C, and Defendant C did not endeavor to pay damages. However, the crime of this case led by the above Defendants A and B, and Defendant C is in charge of issuing a false tax invoice at the request of the above Defendants, and it seems that the degree of their participation or gain was not significant. Defendant A, Defendant A, and B are both primary offenders. Defendant A and B are only punished once by a fine, and Defendant E is only punished twice by a fine, taking into account various circumstances such as the Defendants’ age, character and conduct, intelligence, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below’s decision is unreasonable and unreasonable.

Therefore, since the prosecutor's appeal is without merit, 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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