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(영문) 울산지방법원 2013.11.08 2013노320
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of KRW 10 million) is too uneasible and unreasonable.

2. Although the defendant was unable to have a job employed by the company that was initially promised by the defendant, there were favorable circumstances such as arranging the employment of another company and causing sexual intercourse. However, the crime of this case was committed by the defendant by deceiving 33,80,000 won in total as entertainment expenses for the employment of children from the victim, and even if the crime of this case was committed in this court, the damage recovery has not been completed at all until this court. The defendant has the same criminal record, and the defendant has two kinds of punishment conditions in this case, such as the defendant's age, character and behavior and environment, the motive, means and consequence of the crime of this case, the circumstances after the crime, and the defendant's attitude, etc., are considered to be unfair, and the prosecutor's above assertion is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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