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(영문) 서울남부지방법원 2015.09.18 2015노937
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the circumstances such as the fact that the Defendant is against the gist of the grounds for appeal, the actual gain is merely 15 million won, and the fact that the parent committed the instant crime to raise the hospital expenses for the parents, the punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) in this case, multiple persons conspired to prepare false documents, such as a certificate of employment, a lease contract, etc., and take them into account and obtain them by fraud; (b) the crime is inferior; (c) the degree of participation is relatively heavy by sharing the role of a false lessee; (d) the amount of fraud of this case reaches KRW 60 million; (c) the Defendant voluntarily stated that he acquired KRW 30 million out of the money acquired through the above fraud on the trial date of the court below; and (d) deposited KRW 3 million at the trial; and (e) other various circumstances that are conditions for the sentencing of this case, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment sentenced by the court

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the defendants' criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

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