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(영문) 서울남부지방법원 2015.10.15 2015노1098
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, from the date when this judgment has become final and conclusive, Defendant A.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., Defendant A and B: 8 months of imprisonment and Defendant C: 6 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendants in common reason for sentencing are all the persons who take the role of a false lessor in the instant crime. ① Each of the instant fraud committed by the Government, a public fund, is planned and organized by taking advantage of the hubs of the pre-tax lending scheme prepared for the stabilization of the lives of ordinary people in the National Housing Fund that is a public fund, and thus is highly likely to be subject to criticism. ② Each of the instant fraud committed by the public fund is detrimental to the foundation of the pre-tax lending system established for the stabilization of the lives of ordinary people, and is deprived of opportunities for use from ordinary people who actually need the benefit of the above system, and is of significant social harm. ③ If the damage is not recovered due to each of the instant fraud, the loss therefrom is ultimately appropriated for the national tax, and thus the damage therefrom can be returned to the people. Therefore, each of the instant fraud committed is very poor.

Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.

B. The grounds for sentencing in common prior to Defendant A’s assertion of unfair sentencing are unfavorable circumstances.

However, Defendant A shows an attitude that Defendant A had his depth and reflect on the instant crime, and Defendant A was a primary offender who has no criminal power, and Defendant A deposited the total amount of the acquired money after the judgment of the court below and actively endeavored to repay the damage.

In addition, in full view of the circumstances that led to Defendant A to commit the instant crime and the circumstances after the commission of the instant crime, etc., which are the conditions for sentencing as shown in the records and pleadings, the lower court’s sentence against Defendant A is as is.

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