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(영문) 울산지방법원 2016.09.02 2016노1077
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment) by the lower court is too unfilled and unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant acquired the answer money by pretending to a person who has paid a congratulations at the marriage hall; (b) in light of the method and frequency of the crime; (c) the Defendant had a record of having been punished several times by committing the crime, such as theft of an envelope of a stable at the marriage hall or defrauding the answer money in the same way as this case, even before the crime of this case; and (d) the Defendant committed the crime of this case during the period of repeated crime due to the fraud of the same veterinary method, etc., which is disadvantageous to the Defendant.

However, considering the following factors: (a) the Defendant recognized all of the crimes and reflects his mistake in depth; (b) the amount of damage is a relatively small amount of KRW 500,000,000 in total; (c) the Defendant’s health status is not good; and (d) other conditions of sentencing specified in the instant records and arguments, such as the Defendant’s character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too una

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

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