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(영문) 울산지방법원 2013.08.23 2013노130
사기
Text

The prosecutor's appeal is dismissed.

Each application for compensation order filed by an applicant for compensation shall be dismissed in entirety.

Reasons

1. The sentencing of the lower court (ten months of imprisonment and three years of suspended execution) is too unhued and unreasonable.

2. The determination of the crime of this case does not specify the amount of fraud through the crime of this case, and there are unfavorable circumstances such as the fact that the defendant was punished for the same crime, that there was no agreement with the victims, but all of the crimes of this case are recognized and reflected, that the defendant paid a sum of 24 million won out of the total amount of the amount of the acquired crime of this case, including the sum of 4 million won additionally repaid at the court below, and that the scope of recommendations according to the sentencing guidelines is not more than one year [decision of types] types of fraud, 01 general fraud (decision of types of crimes of the same kind, which are less than 10 million won, based on the sum of the amount of profit for the same crime of general fraud) [decision of the recommended sphere and recommendation range] mitigated area, 1 year or less [10 years of imprisonment [10 years after the completion of execution], 300 won or less, 300 won or less of the principal reasons for the crime of this case, 400 million won or less, etc.

3. The appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

(A) Each application for compensation order filed by the applicant falls under a case in which the scope of the defendant's liability for compensation is not clear, and thus all of them are dismissed in accordance with Articles 25 (3) 3 and 32 (1) 1 of the Act on Promotion, etc. of Litigation.

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