beta
(영문) 서울중앙지방법원 2013.09.26 2013노2153

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) by the court below is too unreasonable.

2. There are extenuating circumstances such as the fact that the defendant recognized his fault and reflecteds his fault, and that the defendant paid KRW 10 million and agreed with the victim.

However, on the other hand, this case cannot be deemed to be somewhat unfair, considering the following circumstances: (a) the fact that the crime was committed by deceiving the money in the construction site with the right to dispose of scrap metal, and the fraud amount also reaches 20 million won; (b) the lower court appears to have determined the punishment in consideration of the circumstances favorable to the Defendant; and (c) there are no special circumstances or changes in circumstances that may be considered in sentencing after the sentence of the lower judgment was rendered; and (d) other circumstances that are conditions for the argument and the sentencing specified in the records of this case, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed.

Therefore, the defendant's assertion is not accepted.

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.