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(영문) 울산지방법원 2013.11.15 2013노451

사기등

Text

The part of the judgment of the court below against the defendants is reversed.

Defendant

A shall be punished by imprisonment of 2 years and 6 months, and Defendant K.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below against the Defendants (Defendant A: 3 years of imprisonment, Defendant K: fine of 4 million won) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes to a bill of amendment of indictment with the content of the facts charged as stated below in the judgment of the court below. Since this court permitted this, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Defendant

A The representative director of the corporation (U), the vice president of the court below, the co-defendant D, the vice president of the court below, the co-defendant E, the vice president of the court below, the co-defendant G of the court below, the director of the management division, the co-defendant H of the court below, the vice president of the management division, the co-defendant I of the court below, the vice-defendant of the management division, the co-defendant DX of the court below, the vice-defendant of the management division, the defendant K of the management division, the non-defendant of the court below, the non-defendant of the court below, the director of the business division, the vice-defendant of the court below, the non-defendant of the court below, the vice-defendant of the business division, the vice-defendant of the court below, the co-defendant of the court below, the co-defendant of the court below

A person who has developed a business item in V, which is a subsidiary of U.S.

1. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or making registration or report under Acts and subordinate statutes, shall make an agreement to pay the total amount of investment or an amount in excess thereof to many and unspecified persons;