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(영문) 울산지방법원 2016.02.05 2015노898
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (1,500,000 won) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. On November 21, 2013, the Defendant was sentenced to four months of imprisonment for the same kind of fraud at the Ulsan District Court (Seoul District Court) and was pending in the final appeal on March 20, 2014, and committed the instant crime on March 20, 201, only a week since the detention was revoked, and the Defendant did not agree with the victim up to the trial, and the Defendant’s total amount of six times of imprisonment, including a single sentence and a one-time suspension of execution, is disadvantageous to the Defendant.

However, taking into account the following factors: (a) the Defendant’s recognition of and reflects all of his/her criminal acts once in the trial; (b) the amount of defraudation of this case is not a relatively larger amount of KRW 3.4 million; (c) the victim was deposited in the lower court with the fiduciary; and (d) the equity in the case of judgment at the same time with the final and conclusive judgment; and (c) the Defendant’s age, sex, family environment, motive and background of the criminal act, means and consequence of the criminal act; and (d) various sentencing conditions as shown in the argument of this case, such as the circumstances before and after the criminal act, etc., it is not recognized that the sentence imposed by the lower court

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

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