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(영문) 전주지방법원 2016.11.18 2015노1863

신용협동조합법위반

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for eight months, and Defendant B for six months, and Defendant C and D for each fine.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment for 8 months, 2 years of suspended sentence, 6 months of suspended sentence, 1 year of suspended sentence, 1 year of additional collection, c. and D: each fine of 5 million won, 3 million won of fine, and 3 million won of fine) are too unfeasible.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio the facts charged, and the following facts charged: the name of the defendant A, the defendant C, the defendant D, and the defendant F as the "violation of the Credit Unions Act"; the defendant C, the defendant D, and the defendant F as the "aided and abetting the Violation of the Credit Unions Act"; the defendant A's applicable provisions of Article 99 (3) and Article 27-2 (1) of the Credit Unions Act are stated as the "Article 27-2"; however, the prosecutor's application for amendments to the indictment is clearly stated as the "Article 27-2 (1)"; thus, it is obvious that it is a clerical error in the "Article 27-2 (1)"; thus, the defendant B's applicable provisions of the Act are amended ex officio, as stated in subparagraphs 1 and 2, Articles 37 and 38 of the Criminal Act; the defendant B's application for amendments to the indictment under Article 99 (3) and (1) 3); Article 48 (2) of the Act, and Article 26 (1) of the Credit Unions Act.

B Inasmuch as the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.

Each purchase act against B is the same legal interest as the infringement law, the criminal intent is single, as well as the close range of time and place.