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The defendant's appeal is dismissed.
Reasons
In full view of the following: (a) the summary of the grounds for appeal (unfair) that the Defendant recognized the crime; (b) the Defendant solicited the accomplice to participate in the crime of this case by dividing profits in a difficult situation due to the fraud from another person; (c) the Defendant did not directly participate in the document of this case; (d) the degree of the Defendant’s participation is insignificant and distributed profits, such as the Defendant did not directly participate in the document of this case; and (e) the total amount of defraudation against the victim C was returned to the above victim and recovered from the damage, the lower court’s punishment (8 years of imprisonment with prison labor for each other except for fraud against the victim B; and (e) the amount of fraud against the victim B is too unreasonable.
Judgment
The Defendant, by functionally sharing roles with other accomplices, forged various documents, such as the identity card of I and IZ, which is the owner of the real estate, and committed as if they were delegated by the owner, and subsequently, entered into a sales contract for real estate owned by the victims, I, etc. and acquired large amounts of money from the purchase price.
The fraud crime accompanied by the document forgery act of this law is a serious threat to the safety of real estate transactions, and the nature of the crime is very bad and is highly likely to be criticized.
When the Defendant directly exercises forged documents in each of the crimes of this case, the Defendant played a leading role in multiple fraud crimes, such as inducing other accomplices to commit the crimes.
In addition, even though the sum of the amount acquired by the victims exceeds 1.4 billion won and the amount acquired by the defrauded for some victims reaches 1.2 billion won, most of the victims' damage was not recovered.
In addition, the defendant can have a record of the same crime even before, and even in 2012, the Seoul Northern District Court committed the same act as the crime in this case.