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(영문) 울산지방법원 2020.11.13 2020노690

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of imprisonment, three years of suspended execution) is too unfunied and unreasonable.

2. The reasoning of the appeal is that the crime is committed on a systematic and systematic basis against many unspecified victims, and is highly likely to cause many social harm, and thus requires strict punishment. The Defendant repeated the crime despite the record of punishment for the same kind of crime, and that the damage caused by the instant crime is relatively large to the Defendant’s disadvantage.

On the other hand, it is favorable to the defendant that the defendant does not repeat again while he reflects his mistake. The fact that the defendant returns the defrauded's money to the victims, and the victims do not want the punishment, and that there is no penalty power exceeding the fine of the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor'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.