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(영문) 서울남부지방법원 2016.03.25 2015노1018
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant led to confession and reflects the crime, the Bracker's words were involved in the crime of this case, the 10 million won in the original judgment to recover damage, the additional 1 million won in the original judgment after the sentence of the original judgment, and the defendant's current situation, and considering the fact that it is difficult to implement the community service order imposed by the original judgment, the punishment imposed by the lower court (10 months of imprisonment, 2 years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination: ① The instant crime is a crime committed by multiple persons in collusion with a fund for public funds to stabilize the residence of homeless workers; ② the Defendant was guilty of the crime; ② the Defendant was a false lessor who committed such systematic fraud; ③ even if the Defendant’s actual profit through the instant crime is about 5% of the total amount of fraud, the total amount of damage is up to 190 million won, taking into account the following factors: equity between similar cases and punishment, Defendant’s age, sexual behavior, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and other various circumstances, which are the conditions for sentencing specified in the instant case, such as the following circumstances, such as deposit of additional one million won after the pronouncement of the judgment of the court below, the punishment imposed by the court below shall be appropriate and excessive, and thus, shall not be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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