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(영문) 서울남부지방법원 2015.08.11 2015노819
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant was suffering from mental illness at the time of committing the instant crime, and was in a state of mental disability.

B. In light of the circumstances such as the fact that the defendant is against unreasonable sentencing, the fraud of this case is 65,00,000 won or 22,100,000 won which the defendant acquired, and that the defendant has grown in a friendly family environment, the punishment of imprisonment for 8 months sentenced by the court below is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was suffering from mental illness such as depression and adaptation disorder at the time of the crime of this case, in light of the circumstance leading to the crime, the method and method of the crime, and other circumstances after the crime, etc., it is not deemed that the defendant had the ability to discern things or make decisions due to mental disorder at the time of the crime of this case, and therefore, this part of the defendant's assertion is

B. Considering the circumstances in which the Defendant asserts unfair sentencing, the following facts are considered: (a) the instant case is committed by multiple persons in collusion to prepare a false document, such as a certificate of employment, a lease contract, etc., and by using the document, and the crime is inferior; (b) the fraud amount of the instant case is up to 65,00,000 won; and (c) the Defendant has acquired 22,10,000 won out of the aforementioned fraud amount; (d) the Defendant has not made efforts to pay damages up to the trial; and (d) the Defendant has had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been been

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