beta
(영문) 수원지방법원 2015.10.28 2015노5302

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. After the Defendant was arrested as an attempted crime of fraud, the Defendant voluntarily appealed on two occasions to commit the crime of fraud, and recognized and reflected all of the instant crimes.

In addition, there is no history of criminal punishment in the Republic of Korea, and there is a reason to support the father who suffers from the fluence.

However, the crime of this case is a so-called “wishing,” which actually causes damage to an unspecified number of victims, which is difficult to recover in a planned and systematic manner, and its nature is not very good. As the Defendant performed, the role of taking cash stored in the storage of the victim is not that of the Defendant’s criminal liability as part essential to the establishment of the crime.

In addition, the amount of damage caused by the crime of this case is not much than 41 million won, and the damage has not yet been recovered.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.