beta
(영문) 창원지방법원 2016.11.23 2016노2287

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and three years of suspended execution) is too unreasonable.

2. The judgment of the defendant recognizes and reflects the crime of this case, and the defendant pays 90 million won out of the total amount of the crime of this case 150 million won, the defendant is the first offender with no previous conviction, and the defendant loses his workplace due to the crime of this case, etc. are favorable circumstances.

However, the crime of this case is a case in which the defendant and the unsatisfyed person conspired to commit the crime of this case by deceiving the victims as if they would have contributed to donation and deceiving about about KRW 150,000,000, and the nature of the crime is not very good, and the defendant acquired KRW 10,000 as a result of the crime of this case.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.