beta
(영문) 부산지방법원 2013.05.09 2012노4095

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years and six months of imprisonment) is too unreasonable.

2. The court below's sentencing is reasonable in light of the following circumstances: (a) the defendant agreed to agree with most victims additionally at the trial; (b) the damage actually recovered appears to have not yet been realized; (c) the defrauded amount exceeds KRW 500 million; (d) the sum of the face value of the unpaid check exceeds KRW 150 million; and (e) the defendant was punished twice as a single crime; and (e) the defendant had been under punishment two times or imprisonment for the same crime; (b) payment demand and investigation for about five years immediately after the crime of this case was escaped; and (c) other various circumstances, which are the motive and background of the crime of this case; (d) the circumstances after the crime of this case; (e) the defendant's age, character and behavior; and (e) the records and arguments of this case as conditions for sentencing specified in the record and arguments

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.