beta
(영문) 광주지방법원 2015.03.12 2015노61

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The fact that the defendant recognizes all of his mistakes, and the fact that the defendant partially repaid the amount of damage to D and S among the victims, etc. are favorable factors for sentencing.

On the other hand, the fact that the victim by the instant crime is a majority and the defrauded is more than 100 million won in total, and the result of the instant crime is significant, but most of the damage has not been recovered to this court, and the Defendant committed the instant crime even though he had been sentenced to the three-time fine and the one-time suspended sentence due to fraud.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, and environment as a whole, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.