beta
(영문) 의정부지방법원 2016.11.24 2016노2547

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the judgment defendant agreed with the victim E, there are no criminal records of the same kind, and there are family members to support.

However, the defendant acquired money against the victim C over several times, and the content of the deception is positive and it is not good to commit the crime.

It is not agreed with the above victim to the extent that the amount acquired by deception from the victim C is equal to that of the above victim, and at present, it seems that there is little intention or ability to recover the damage to the above victim.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.