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(영문) 울산지방법원 2016.10.28 2016노1412
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. The judgment was based on the records that the defendant had been sentenced to suspended sentence for the same crime even before the instant case, and that the total amount of damage caused by the instant crime is about 42 million won but has not yet been recovered from damage, etc., which are disadvantageous to the defendant, or that the newly incorporated corporation G is currently engaged in business activities because it is currently a major steel company's transaction partner. At the time of the establishment of the said corporation, the victim F was outside of the scrap metal business, and there is a possibility that the defendant contributed to it to some extent, and there is no other circumstances or changes of circumstances that may be newly considered in sentencing after the decision of the court below was rendered, and other various sentencing factors as shown in the process of trial such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the prosecutor's above 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.

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