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(영문) 울산지방법원 2013.08.30 2013노496
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 (one hundred months of imprisonment and two years of suspended sentence) is too unfased and unreasonable.

2. The amount of deceitation of this case exceeds KRW 99 million, and the defendant committed repeatedly 20 times the crime of fraud, fabrication of private documents, uttering of falsified documents, etc., despite the fact that the defendant had been punished more than 20 times, etc., the defendant committed repeatedly each of the crimes of this case. However, the defendant's assertion is without merit, given that the defendant wanted to have a prior wife against the defendant by agreement with the victim, the defendant reflects his mistake, and the court below appears to have determined punishment in consideration of equity in the case where the first head of the judgment of the court below which became final and conclusive in accordance with Article 39(1) of the Criminal Act is to be determined concurrently by taking into account the crime of this case and the first head of the judgment of the court below which became final and conclusive in accordance with Article 39(1) of the Criminal Act, and

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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