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(영문) 울산지방법원 2016.12.09 2016노1484
사기
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the following: (a) the fact that the Defendant acquired money (total to KRW 43,850,00) from the victim on several occasions using personal trust relationship; (b) the Defendant was disadvantageous to the Defendant; (c) the Defendant recognized the instant crime; (d) the Defendant did not have any record of criminal punishment other than the punishment imposed by the violation of the Labor Standards Act around 2002; (c) the victim did not have any criminal punishment by mutual consent with the victim; (d) the victim did not have any circumstances or changes in circumstances that may be newly considered in sentencing after the lower judgment was rendered; and (e) other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the Prosecutor’s assertion as above 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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