beta
(영문) 수원지방법원 2015.02.05 2014노6817

사기

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that there are many victims' damages due to each of the crimes of this case, and the fact that the defendant's mistake is recognized and reflected.

However, even though there are many criminal records in frauds, since the defendant did not know about the repeated crime period due to frauds and committed each of the crimes of this case over six times again, it is inevitable to sentence the defendant to a punishment.

Considering the fact that victims’ damage has not been recovered, and all other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.