beta
(영문) 전주지방법원 2015.07.24 2015노593

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. In the judgment of the court, the Defendant recognized the entire crime of this case as a whole and commits the crime of this case against the mistake; the Defendant repaid KRW 2 million to the Ministry of Patriots and Veterans Affairs out of the total amount of LPG charges acquired by the Defendant and the benefits received by fraudulent means; and the Defendant promised to pay the veterans benefits received by illegal receipt to the Ministry of Patriots and Veterans Affairs in installments; etc., may be considered in favor of the Defendant.

However, the crime of this case was committed without notifying the defendant's father, who was a person of distinguished service to the State, and was illegally received veterans' benefits equivalent to KRW 68 million for five years, and was provided with LPG charges equivalent to KRW 3 million, in light of the method, frequency, and degree of damage of the crime, the nature of the crime is very poor in light of the method, frequency, and degree of damage, and most of the veterans' benefits which have been illegally received are still not recovered from actual damage, the defendant had the record of being sentenced to suspended sentence due to the crime of fraud, and all of the sentencing conditions in the argument of this case, such as the defendant's age, character and conduct, and family environment, it is not recognized that the sentence of the court below 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 ground that it is without merit. It is so decided as per Disposition.