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(영문) 울산지방법원 2020.05.21 2020노110
사기
Text

The defendant's appeal is dismissed.

Reasons

The grounds for appeal by the defendant are that the court below's punishment is heavy.

However, there is no change in the conditions of sentencing after appeal, and considering all the circumstances described in the reasons for sentencing and all other conditions of sentencing as stated in the record, it cannot be deemed that the sentence imposed by the court below against the defendant is too unreasonable.

The defendant's appeal is dismissed.

[Provided, pursuant to Article 25(1) of the Rules on Criminal Procedure ex officio, "Defendant A was a person who was an actual operator of C Co., Ltd. and was sentenced to four months of imprisonment with prison labor, one year of suspended execution on December 9, 2016, and the above sentence becomes final and conclusive on December 17, 2016," and "1. Prior to the ruling: Criminal Power inquiry, investigation report (defendant A punishment power) and judgment" in the main text of evidence, and "1. Concurrent treatment of crimes, defendant A: the latter part of Article 37, and Article 39(1) of the Criminal Act" in the application of Acts and subordinate statutes, and "a crime committed before the final judgment becomes final and conclusive" constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and in such cases, a crime committed by the defendant prior to the suspended execution is deemed to have not been sentenced to imprisonment with prison labor and a crime for which judgment has not yet become final and conclusive under Article 29(1) of the Criminal Act.

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