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(영문) 울산지방법원 2013.03.22 2012노828
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (two years of suspended sentence for eight months of imprisonment) is too uneased and unreasonable.

2. Determination: (a) there were unfavorable circumstances, such as that the amount of damage caused by each of the instant crimes exceeds KRW 30 million in total; (b) the Defendant committed a violation of the Registration of Credit Business and the Protection of Financial Users Act on June 15, 2007; and (c) was punished for fraud on March 16, 2012; (b) the Defendant agreed at the lower court to divide the amount of damage not paid to the victim D; (c) the Defendant agreed to pay the amount of damage in installments at the lower court; (d) the victims agreed to pay the amount of damage in installments; and (e) the victims wanted to pay the amount of damage to C; (e) the victims wanted to have agreed to pay the amount of damage; (g) the equity between the case and the first head of the lower court’s judgment at the same time; and (g) other all kinds of sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the 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 as it is without merit. It is so decided as per Disposition.

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