beta
(영문) 수원지방법원 2017.02.02 2016노8399

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments imposed by the court below on the defendant (each of the offenses listed in Schedule 1 to Schedule 4 as stated in the judgment below: Imprisonment with prison labor for 6 months, and each of the offenses listed in Schedule 5 to Schedule 7 as stated in the judgment below: Imprisonment with prison labor for 2 months) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes, and the fact that, in the case of each of the crimes listed in attached Tables 1 through 4 as indicated in the judgment of the court below, the equity with the case in which the judgment was rendered simultaneously with the case in which the judgment was rendered, should be considered, is favorable to the Defendant.

However, the crime of this case was committed by the victim C, who was confined to the same detention house while the defendant was under detention, by pretending to be able to repay money to the victim C several times, and acquired money from the victim after being released from the imprisonment due to the above crime, and the nature of the crime is not good. Although the total damage amount of the crime of this case is not at least 32.4 million won, it is not possible to recover the damage even if there is no circumstance that the defendant still has been making efforts to recover the damage, and there is no history of criminal punishment several times, such as where the defendant is sentenced one time to be sentenced to punishment due to the crime of fraud under the same and several laws, and the crime in the attached Table 7 of the judgment of the court below is a repeated offender who committed the crime in the same detention house after being released from the imprisonment due to the above crime, and was committed only one week after being released from the imprisonment due to the crime, and considering all the sentencing conditions such as the defendant's age, sex, environment, family relationship, etc., each punishment of the defendant is too unfair.

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.