사기등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of three years and six months) is too unreasonable.
2. The judgment appears to be favorable to the Defendant, such as the fact that the Defendant led to the confession and reflect of the instant crime, the fact that the victims other than the Korea Credit Guarantee Fund did not actually recover from the Defendant, but expressed their intent not to punish the Defendant, and that the Defendant’s health status is not good.
However, in this case, it is very poor that the defendant has the ability to conduct various businesses, by deceiving a considerable amount of money, or by deceiving public funds through the blick point of the corporate purchase fund lending system, and by embezzlement the apartment sale down payment, the crime is very poor.
Until the trial, the defendant did not make a serious effort to recover material damage of the victims.
The defendant has been punished for a total of 13 times, including four times of punishment for the crime of fraud and embezzlement, one time of suspension of execution, and one time of fine.
The circumstances alleged by the defendant as an element of sentencing in favor of the court below have already been sufficiently set out in the hearing process of the court below, and there are no special circumstances or changes in circumstances that may be considered newly in the appellate
In addition, even if the circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.
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.