beta
(영문) 창원지방법원 2013.04.25 2013노150

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendant led to confession and reflect, the defendant made an effort to repay part of the victims' damage amount, the defendant tried to repay the remainder, the defendant's continued discharge and the defendant was the best way to reimburse the victims, the defendant also suffered damage due to the fraud that the husband transferred the name of the owner to I, the defendant was subject to psychological pressure from the victims, and the defendant is faced with two children. In light of the above, the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the amount of damage caused by the act of deceitation of this case exceeds KRW 500 million in total, and even according to the Defendant’s assertion, the amount of damage not repaid reaches KRW 200 million in total, the Defendant’s use of personal trust relationship with the victims, and mobilization of the processed person, etc., are not good, and the victim’s damage is serious due to the Defendant’s crime of this case, the victims are serious, the victims wanted to punish the Defendant, the Defendant did not reach agreement with the victims up to the trial, and the Defendant’s intent to reimburse the victims is not obvious, and there is no record of punishment several times in the past (two times of imprisonment, six times of fine), and all other circumstances that form the conditions of punishment as shown in the records and arguments, such as the Defendant’s character, conduct, and environment, etc., the above Defendant’s assertion is without merit, and therefore, is not justified.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.