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(영문) 울산지방법원 2017.12.22 2017노1333
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The judgment of the defendant has a record of being punished more than ten times for the same crime, and the crime of this case also committed during the period of suspended execution for the same crime, and the circumstances after the crime, such as denying part of the acquired amount (30 million won) in the case of the fraudulent crime against the victim C, are disadvantageous to the defendant, such as the fact that the circumstances after the crime are not good.

However, in full view of the circumstances favorable to the defendant, such as the amount of fraud is not so severe (total of KRW 11 million), and the deposit of KRW 8 million among them, and other circumstances that form the conditions for sentencing as shown in the pleadings, such as the defendant’s age, motive and circumstance of the crime, and its method, it cannot be deemed that the lower court’s punishment is too uneasible and unfair.

Therefore, prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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