사기등
The defendant's appeal is dismissed.
1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
(A) The Defendant, at the first trial date, withdrawn the assertion of mistake of facts on the trial date.
2. Circumstances favorable to the defendant are as follows.
When the Defendant was in the past, all of the crimes of this case are led to confessions and reflects.
In this case, the principle of equity should be taken into consideration when the judgment of the court below was rendered simultaneously with each previous conviction in the judgment of the court below.
In the case of fraud against the victim F, E, the defendant's accomplice interest defendant, has fully repaid the amount of the above damage to the victim and the damage has been recovered.
The amount of damage in fraud against R is approximately KRW 20 million out of the amount of damage in fraud, and the victim does not want to be punished by the defendant.
Circumstances unfavorable to the defendant are as follows:
The nature of the crime is not good in light of the method, result, etc. of the crime of fabrication and speculation of private documents of this case.
The sum of the damages in each of the instant frauds exceeds KRW 140 million, but the Defendant did not agree with the victims of each of the instant frauds even in the name of approximately KRW 140 million, and the amount of the damages not yet recovered exceeds KRW 110 million.
On January 17, 2013, the Defendant was sentenced to a two-year suspended sentence for one year of imprisonment due to fraud, etc., and the judgment became final and conclusive on the 25th of the same month, and committed each of the instant crimes during the suspended sentence period.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Defendant’s assertion is without merit.
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.