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(영문) 울산지방법원 2015.10.08 2015노699
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of six months of imprisonment, a suspended execution of two years, and a community service order of 80 hours) imposed by the court below is too unfasible and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant had no intent or ability to repay, by deceiving the victim E and deceiving the sum of KRW 20 million, by entering the name, etc. of C in the column of joint and several sureties of the loan certificate in the process of the crime, forging the loan certificate, and issuing the loan certificate to the above E and exercising it is very poor in the nature of the crime, but the damage has not been agreed with the victim and most of the damage has not been recovered, and the defendant denies part of the crime.

However, in full view of the circumstances favorable to the defendant, such as the defendant's partial denial of the crime, but the defendant has shown an attitude of reflection, such as the payment of the amount of damage to the victim E, the part of the interest seems to have been paid to the victim, the total amount of damage was not limited to KRW 20 million, and the defendant's primary offender who has no criminal power, etc., and other factors of sentencing as shown in the arguments of this case such as the defendant's age, family relation, criminal record, relationship, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not determined that the court below's punishment should be reversed to the extent that the sentence imposed by the court below is unreasonable.

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

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