beta
(영문) 인천지방법원 2015.11.20 2015노2942

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unhued.

2. The crime of this case was committed with the knowledge of the fact that the amount of the bill cannot be paid at the due date, but it is not good that the crime was committed by the delivery of a promissory note and the defraudation of the goods, the damage caused by the crime of this case was not recovered at all, and the defendant has escaped abroad for a considerable period after the crime of this case. However, it is unfavorable for the defendant to acknowledge and reflect the crime of this case, and the defendant was sentenced to three years of imprisonment and four years of suspended execution, and the above judgment became final and conclusive. The crime of this case was committed with the same several methods as the above final and conclusive judgment, and the crime of this case was committed with the sentence of this case, even if it seems that the defendant did not pay the amount to the defendant any more. In full view of all the circumstances, such as the defendant's age, character and character, environment, motive and means of the crime of this case, the motive and result of the crime of this case, the circumstances after the crime of this case, etc., the judgment of the court below is proper.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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