beta
(영문) 수원지방법원 2015.10.07 2015노1520

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the Defendant and prosecutor’s assertion of unfair sentencing.

The defendant recognized the crime of this case and reflects it, and there is no record of punishment for the same crime.

On the other hand, even though the amount of fraud by the crime of this case exceeds KRW 100 million and the long time has passed since the crime, there is no evidence to prove that the defendant still has not been able to recover from damage, and there is no evidence to prove that the defendant has made his best efforts to

In addition, in full view of various circumstances, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, the sentence imposed by the lower court is deemed as appropriate, too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.