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(영문) 울산지방법원 2014.03.28 2013노1007
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year and two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of this case is a typical case pertaining to the crime of fraud, which has great harm to our society, and in light of the fact that the amount of damage reaches KRW 150 million, and the number of victims or the frequency of crimes, even though the defendant's participation is weak in the crime, and the amount of profit the defendant himself has enjoyed, even though it is not only a part of the above amount of damage, it is necessary to punish the defendant with severe punishment.

However, the Defendant appears to have performed a simple role without recognizing the overall crime of this case, and the Defendant is a person naturalizationed in Korea from a shipbuilding yard born in China, and there is no record of criminal punishment (it is difficult to view that the Defendant had been subject to criminal punishment in China before entering the Republic of Korea in light of the fact that the Defendant was 18 years old or older, and that he entered the Republic of Korea in around 2008). Considering that the Defendant led the entire crime of this case from the investigative agency to the trial of the party, the Defendant led the Defendant to the entire crime of this case from that time, and taking into account all circumstances such as the emotional change, the Defendant’s age, character, and character, occupation, and family relation, it cannot be deemed that the lower court’s sentence imposed on the Defendant on probation and community service order is unreasonable

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

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