beta
(영문) 대전지방법원 2014.01.16 2013노2517

사기등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (six months of imprisonment) is too unreasonable.

Judgment

Although it is recognized that the defendant led to the crime of this case, made a confession and reflect of the crime of this case, agreed with the victim, and the amount received in the name of defraudation or solicitation of this case is relatively small amount of 4 million won, the crime of this case is deemed to be excessive, and on the other hand, the crime of this case is likely to be committed by the defendant in possession of the name of "Diplomatic and Trade Division and Members of the Social Integration Committee, which belongs to the President," and by deceiving the victim that he would have been appointed in the above position so that the defendant can be tried in the state of undetained and receive money from the victim under the pretext of solicitation. In light of the Act on the Number of Crimes, there is no significant crime in the past, and there is the history of punishment by the suspension of the execution of imprisonment or fine due to the same type of fraud, and considering all the sentencing conditions such as the age, character and conduct, environment, criminal records, circumstances after the crime, risk of recidivism, etc., the defendant's assertion is not justified

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.