사기미수
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The judgment of the defendant was that the crime was committed by the attempted crime and the damage was not caused, and there was no record of punishment since 2009.
However, although the defendant did not have any authority, he falsely assumes the investment money as an executive officer of a large enterprise and attempted to acquire the investment money, there is no sufficient evidence to punish him as a sentence for committing the same kind of crime.
In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.
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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.