beta
(영문) 서울중앙지방법원 2014.03.28 2013노4370

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant was at the time of the trial, the Defendant’s fault and reflects the truth; (b) the success of the project was put against unexpected difficulties but the project was failed, resulting in the loss of the project; (c) the Defendant was scheduled to do his best to compensate for the damage after release; (d) the Defendant faithfully worked as a legal office staff for a period of 30 years; and (e) the Defendant was suffering from central sexual wave.

2. Although the Defendant was erroneous in the judgment of the lower court and partly damaged the Defendant’s performance, it is difficult to deem that the Defendant properly recovered the damage up to the first instance court even though the damage suffered by the Victim L due to the instant case is considerable, and in full view of all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

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.