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(영문) 울산지방법원 2015.05.08 2014노1042
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, and eight hours of community service order) is too unhued and unreasonable.

2. In the instant crime, the Defendant obtained a loan of KRW 900,000 by deceiving the victim with approximately KRW 21 million with a personal trust relationship and having a certified copy of the victim’s resident registration as if the victim were the victim. In light of the content and method of such crime, the relationship between the Defendant and the victim, etc., the crime is heavy.

However, in full view of the following: (a) the Defendant led to his criminal act; (b) the Defendant brought a lawsuit against the Defendant claiming damages against Hyundai Capital, and the judgment in favor of the Defendant became final and conclusive under this Court No. 2014 Ghana 142204; (c) the Defendant deposited a certain amount for the repayment of damages; (d) the Defendant did not have any criminal record exceeding the fine; and (e) other various sentencing conditions shown in the argument of this case, such as the Defendant’s age, character and behavior, family environment, motive and background of the crime; (e) the means and consequence of the crime; and (e) the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee, etc., it is not recognized that the sentence imposed by the lower court is unreasonable because it is too unreasonable.

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.

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