beta
(영문) 수원지방법원 2014.07.24 2014노2773

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. Determination takes into account the following: (a) the Defendant’s mistake is divided; (b) the victim N,O, and P was deposited as each depositor; and (c) the victim’s M appears to have been recovered from part of the damaged amount; (b) the Defendant has been punished several times by imprisonment for the same kind and this type of crime, such as fraud, fabrication of private documents, and uttering of a falsified document in 2009; (c) the Defendant was punished by imprisonment for eight months; and (d) the victim E is not recovered from damage even though the amount of damage was not significant; and (e) the Defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc. were taken into account; and (e) the punishment imposed by the lower court cannot be said to be heavy, taking into account all the factors indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, circumstances after the crime.

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.