beta
(영문) 수원지방법원 2014.06.26 2013노3581

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant (ten months of imprisonment, two years of suspended execution, two hours of community service order) is too unreasonable.

2. In light of the following: (a) the Defendant did not have a criminal record of the same kind as the instant crime; (b) the Defendant was led to the time when he was in the trial; and (c) the Defendant deposited a total of KRW 50 million and made efforts to recover damage therefrom; and (d) the method and consequence of the instant crime committed by deceiving the victims with normal circumstances or accomplice favorable to the Defendant; (b) the nature of the instant crime is not good; (c) the investigative agency and the court below denied the instant crime; and (d) the circumstances that are unfavorable to the Defendant, such as the fact that the Defendant did not agree with the victims; and (d) other unfavorable circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the sentence of the court below is 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.