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(영문) 울산지방법원 2017.11.30 2017노1304
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspended execution in six months of imprisonment, and 40 hours of community service order) imposed by the court below on the defendant is too uneasy and unreasonable.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The nature of the crime in this case is poor in terms of methods, etc.

The amount of fraud of the crime of this case is 32.5 million won.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

The defendant provided part of the amount of money acquired by deception (7 million won) to the victim.

In 2012, the defendant has no same power and has been punished as a violation of the Trademark Act.

Considering the aforementioned unfavorable circumstances, the Defendant’s age and character environment, including favorable circumstances, relationship with the victim, motive means of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the present arguments and records, and the scope of the recommended punishment according to the sentencing guidelines (types of imprisonment from six months to one year and six months] (no person subject to special sentencing) [the scope of recommended punishment] of the basic area (the scope of recommended punishment from six months to one year and six months), there is no person subject to special sentencing] of the type 1 (the scope of recommended punishment) (the scope of imprisonment with prison labor). It is not recognized that the sentence imposed by the lower court is too unjustifiable and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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