beta
(영문) 수원지방법원 2014.10.30 2014노2265

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The judgment of the court below is based on the facts that the defendant led to the confession of and reflects on the crime of this case, that the defendant is the first offender who has no previous criminal record, that the defendant paid 10 million won as principal to the victim, and that the defendant paid 2.8 million won as principal to the victim. However, the defendant's allegation of unfair sentencing is without merit since the defendant's punishment is not reasonable, since the amount acquired by the crime of this case amounts to 30 million won and the method of the crime is not sufficient, that the defendant did not reach an agreement with the victim up to the trial, and that the amount of unrepared damage exceeds 20 million won and the amount of unrepared damage exceeds 20 million won, etc., and it is considered that the defendant's punishment is proper.

3. Accordingly, 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 groundless. It is so decided as per Disposition.