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(영문) 부산지방법원 2016.01.29 2015노3804

변호사법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of one year and six months and the fine of twenty million won) is too unreasonable.

2. The court below held that the defendant's participation in the crime of this case is significant; although the defendant reflects the crime of this case; the profit acquired by the defendant from the crime of this case appears to be sufficient to part of the total amount of the electronic payment application; although it is acknowledged that the defendant had the same kind of record as sentenced to the suspended execution; the defendant committed the crime of this case during the suspended execution period due to the same crime; and the period of the crime of this case (from November 2013 to May 201), the defendant acquired defective bonds and applied for the electronic payment order amounting to 16.5 billion won in total; the defendant's participation in the crime of this case is very poor; the defendant shipped small amounts like the debt collection business by himself; there is no change of circumstances that may be special consideration in the trial; the defendant's circumstances, the defendant's age, occupation, sex, circumstances after the crime of this case; and there is no reasonable change of circumstances that present the sentencing after all the records and arguments in the court below.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by the court below (Provided, That since the judgment of the court below is obvious that "1. Selection of punishment: Imprisonment with prison labor and the concurrent punishment of fines (defendant A)" was omitted due to mistake in the column of application of the law, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on