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(영문) 서울남부지방법원 2015.11.13 2015노1002
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment is based on the following circumstances: (a) In the event that multiple persons conspired to prepare false documents, such as a certificate of employment, a rental contract, etc.; and (b) in the event that the crime was committed by defrauding the entire house fund by using it, the crime is not good; and (c) the fraud amount of this case exceeds 60,000,00

However, considering the various factors, including the fact that the defendant led to the crime of this case, the amount of profit actually acquired by the defendant seems to be the cause of 4.5 million won, and the fact that the defendant deposited 6.5 million won for the victim in the court below, and the defendant has no record of criminal punishment, etc., even if considering the various circumstances asserted by the defendant and the prosecutor, the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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