(영문) 서울동부지방법원 2014.11.20 2013노1667

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(영문) 서울동부지방법원 2014.11.20 2013노1667

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant had difficulties in drinking farbing the farb credit with the farb credit operated by the victim. However, due to economic difficulties, the Defendant was unable to repay the credit and the loan money due to the occurrence of economic circumstances, and if released from the detention house, the Defendant is expected to repay to the victim. On August 8, 2013, the Defendant was sentenced to eight months by imprisonment with prison labor at the Seoul Northern District Court, which became final and conclusive on August 8, 2013. The instant crime was in the relationship between the crime of fraud and the latter part of Article 37 of the Criminal Act, and the Defendant was in the relationship between the crime of fraud and the latter part of Article 37 of the Criminal Act, and the Defendant’s failure to perform construction

2. The fact that the Defendant recognized the instant crime and got damaged to the victim is favorable to the sentencing, but there are a number of criminal records including the same criminal records, the criminal records in the latter concurrent crimes of Article 37 of the Criminal Act are already considered in the lower court, and the criminal records in the latter concurrent crimes of Article 37 of the Criminal Act were already taken into account in the lower court, and the Defendant did not appear at the notified date and did not report the address to the lower court or did not report it to the lower court, thereby making efforts to recover the damage up to the trial

In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., there is no other evidence to find that the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

참조조문

-형법 제37조

-형사소송법 제364조 제4항

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