beta
(영문) 전주지방법원 2015.01.30 2014노1361

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below partially recognizes the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, and deposited KRW 12 million for the victim at the court below. However, the above favorable circumstances seems to have already been reflected in the court below. The crime of this case is not very good because the defendant forged the deposit slip as if the defendant had a real transactional relationship, and used it as if the defendant had an actual transactional relationship, and misleads the victim by using it, and the nature of the crime is not good. The defendant still agreed with the victim or failed to pay the full amount of the damage, the records of punishment for the same crime have been committed, and other circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, etc., are deemed unfair. Thus, the defendant and his defense counsel's allegation of unfair sentencing is without merit.

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