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(영문) 울산지방법원 2016.06.16 2016노433
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The fact that the amount of defraudation caused by the instant crime is a large amount of KRW 6,1650,000,000, and that the damage has not been fully recovered is disadvantageous to the Defendant.

However, in full view of all the circumstances, including the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and the sentencing conditions specified in the trial process, the lower court’s sentence is too unreasonable and unreasonable, and thus, the Prosecutor’s assertion is without merit, on the ground that it is unreasonable in full view of all the following circumstances: (a) the Defendant concluded a monetary consumption loan agreement with the purport that he/she will make installment payments of a certain amount after his/her failure to repay the entire amount of damage; (b) the agreement itself appears to have been based on the victim’s genuine intent; (c) the Defendant’s repayment of an additional KRW 4 million at the first instance court to the appellate court; and (d) the Defendant’s repayment of an additional KRW 5 million at the appellate court; and (d) the Defendant’s age, sex behavior, environment, and circumstances before and after the instant crime.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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