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(영문) 서울남부지방법원 2015.10.16 2015노1159
사기
Text

Of the judgment of the first instance, the part on Defendant C and E shall be reversed.

Defendant

C Imprisonment with prison labor for a fine of 5,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. In light of the following circumstances: (a) the prosecutor (as to the defendant A, C, D, E, and F) in this case, the crime was committed by multiple persons in a systematic and planned manner; and (b) each of the defendants' defraudeds was not forged; and (c) the damage was not completely recovered from the damage, the sentence of one year of probation (80 hours of social service) for each of the defendant A, D, and E, who sentenced the first instance trial, was sentenced to the imprisonment of 2 years of probation (120 hours of social service); and (d) for each of the defendant C, and F, for each of the four months of imprisonment of 1 year of probation (80 hours of social service) is unreasonable.

B. In light of the following circumstances: (a) Defendant C Co-Defendant D’s solicitation led to the instant crime; (b) the amount acquired by the defrauded either KRW 60,000,000 or the amount acquired by the Defendant is merely KRW 6,000,000; (c) Defendant deposited KRW 9,000,000 for the Korea Housing Finance Corporation; and (d) endeavoring to pay damages, the sentence of one year of suspended execution (80 hours for social service) for the fourth month of imprisonment with prison labor sentenced by the first instance court is too unreasonable.

C. In light of the circumstances, such as the fact that Defendant D is against the Defendant D’s gender, the direction to his living room, and the fact that he was going to commit the instant crime, the sentence of two years of suspended execution (120 hours of social service) in August sentenced by the lower court is too unreasonable.

Defendant

In light of the fact that U.S. Defendant led to his living conditions, such as the confession of the crime and the lack of support for children from young children, etc., and led to the crime of this case, and the amount acquired by the Defendant is merely 25,00,000 won or the amount acquired by the Defendant, the punishment for 10 months sentenced by the lower court is too unreasonable.

2. Determination

A. Defendant A (1) The case is a crime that multiple persons conspired to prepare false documents, such as a certificate of employment, a lease contract, etc., and obtains a house lease fund by using it, and the crime is not good, and ② The amount of fraud of this case is 59,500.

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