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(영문) 울산지방법원 2020.06.19 2020노152
전자금융거래법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

In the judgment of the court below, "However, this decision is delivered."

Reasons

1. The summary of the grounds for appeal against the Defendants (Defendant A: Imprisonment with prison labor for one month for the crimes set forth in Article 2 of the judgment of the court below, and for the crimes set forth in Articles 1, 3 and 9 of the judgment of the court below, 11 months of suspended execution, 2 years of suspended execution, and 2 million won for Defendant B) are too uneased and unfair.

2. The Defendants repeatedly committed insurance fraud under the same and similar manual several times to determine the grounds for appeal. In particular, even when Defendant A was sentenced to suspended sentence for the immediately preceding crime, the fact that most of the instant crimes were committed during the suspended sentence is disadvantageous to the Defendants.

On the other hand, the defendants should not repeat again while against their mistakes. The defendant A does not want the punishment of the above defendant by mutual agreement with the victim company of insurance fraud, and the defendant A's partial crime of the defendant and the crime of the defendant B should consider the balance between the punishment of the above defendant and the punishment of the crime that has already become final and conclusive.

In addition, considering the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all of the sentencing factors as indicated in the instant case’s records and arguments, it is difficult to view that the lower court’s sentence against the Defendants is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

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

However, in the judgment of the court below, "However, the execution of the above punishment against the defendant A shall be suspended for two years from the date this judgment became final and conclusive" means "However, for two years from the date this judgment becomes final and conclusive, the execution of the above punishment against the defendant A shall be suspended for two years from the date this judgment becomes final and conclusive," and "the defendant and the F shall be the victim as above."

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