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(영문) 울산지방법원 2020.11.26 2019노1004

유사수신행위의규제에관한법률위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the judgment of the court below was rendered, a written agreement that part of the victims are not punishable for the defendant.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Article 30 of the Criminal Act, and the choice of imprisonment with labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. The grounds for the reversal of sentencing, the reasons for the reversal of sentencing, and the circumstances revealed in the reasons for sentencing and all other sentencing conditions indicated in the record by the court below, shall be determined in consideration of both Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is unclear due to the partial repayment by the defendant, etc.).