beta
(영문) 수원지방법원 2016.04.29 2016노1742

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant is the primary offender, although he/she is found to have led a confession of the crime of this case and reflects his/her mistake, he/she is found to have been in need of surgery expenses on the part of his/her mother. Meanwhile, he/she is found to have incurred joint and several liability obligations for loans of high interest on the part of the victim who is economically difficult. The crime of this case, which he/she planned to apply for personal rehabilitation, is not considerably good, and the victim is not only a considerable amount of damages, but also a considerable amount of mental suffering from the act, such as paying a total sum of principal and interest obligations of the defendant to prevent the situation where he/she cannot be able to suffer economic harm, such as bad credit standing, etc., but also there is no circumstance that he/she has made efforts to repay even some amount of damage. In addition, considering that the defendant's age, sex, intelligence, environment, motive, motive for and method of the crime, method, result of the crime, and circumstances before and after the crime, the above argument of sentencing is rejected.

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.