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(영문) 울산지방법원 2014.02.14 2013노1050
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the Defendants, the sentence imposed by the lower court on the Defendants (six months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court on the Defendants is too uneasible and unreasonable.

2. In full view of the Defendants’ assertion of the judgment and the prosecutor, the sum of the amount of the fraud of this case reaches 68 million won, and the Defendant A again committed the crime of this case in spite of the fact that he had been punished on 20 occasions due to fraud, etc., which led to unfavorable circumstances and in the judgment of the court, including the fact that the Defendants want to take the Defendant’s wife against the Defendants by agreement with the victim, that there was no penalty power above suspension of qualification and criminal records for the same kind of crime, that there was no penalty power against the Defendant B, that the Defendants reflect their mistake, and other favorable conditions of sentencing, such as the Defendants’ age, character and conduct, environment, and circumstances after the crime, etc., the punishment imposed by the court below against the Defendants seems to be unreasonable. Thus, the Defendants’ assertion is reasonable, and the Prosecutor

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act and the choice of punishment by applicable provisions of Acts and subordinate statutes to criminal facts;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in Article 2 of the judgment of the court below which is the largest number of concurrent crimes);

1. Article 62(1) of the Criminal Act provides that the suspended execution (the defendants) shall be completed.

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