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(영문) 울산지방법원 2020.10.16 2020노722

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that it is not sufficient to commit the crime by deceiving the victim even though the defendant did not meet the conditions for the operation of the shop, and that it is not sufficient to commit the crime by deceiving the victim, and that the damage has not been fully recovered.

However, in light of the fact that the defendant shows the attitude of recognizing and opposing his mistake, that part of the amount of damage has been repaid, and that the defendant has made efforts to recover additional damage, that there is no same criminal power as the defendant, etc., which are favorable to the defendant, and that all the sentencing conditions in the arguments of this case, such as the defendant's age, character, character and environment, are too unreasonable.

Therefore, prosecutor's assertion is without merit.

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