beta
(영문) 제주지방법원 2015.08.13 2015노263

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Circumstances favorable to the Defendant are that the Defendant recognized all of the instant crimes and reflected, and that there was no criminal conviction of the same kind other than the fine due to gambling, etc.

However, the total amount of damage caused by the fraud of this case reaches 52 million won in total, and the total amount of the issuance of defaulted checks reaches 61.7 million won in total. In light of the monetary value at the time, if the conversion is deemed to be made at the time, the total amount of damage would be deemed to be reasonable. Despite the above damage, the circumstances where damage was recovered or repaid at all even some of them cannot be seen. The defendant, who had escaped abroad to avoid liability after committing the crime of this case, voluntarily returned from abroad at the time of 18 years from the time when he was deprived of liability, and all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, economic situation, after committing the crime, are considered to be unfair.

3. As such, the defendant's appeal 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.