beta
(영문) 서울남부지방법원 2017.07.14 2017노564

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. The defendant has no record of being punished for the same crime or of being sentenced to a suspended sentence or heavier punishment.

However, in light of the fact that the amount of damage in this case reaches KRW 44 million, damage recovery was almost not achieved, the fact that the money was used in the horse gambling with the name of the cafeteria operating fund is considered disadvantageous to the defendant, and other factors of sentencing as shown in the records and arguments in this case, the sentence imposed by the court below is judged appropriate, and it is not unfair because it is too unreasonable.

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.