사기등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. Circumstances favorable to the defendant are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
The defendant suffered economic difficulties due to business depression, and seems to have caused the crime of this case.
The defendant agreed with the victims in an investigative agency only, and the victim C who suffered the largest damage due to the crime of this case is present at the trial of the party and seek a preference against the defendant.
Circumstances unfavorable to the defendant are as follows:
The defendant, by deceiving the victims who had engaged in landscaping trees business as well as landscape trees business, acquired approximately KRW 130,000 by deceiving them.
When the defendant commits the crime of fraud, he/she forged and used a trade contract in the name of another person.
Around 2011, the Defendant was sentenced to imprisonment for eight months for embezzlement and fraud and committed the instant crime again during the repeated crime period after the execution of the sentence was completed.
In 2002 and around 2016, each of the defendants has been punished by a fine for fraud.
The victims were not actually recovered from the damage, and there was no security for the recovery of the damage in the future.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly 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.