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(영문) 서울중앙지방법원 2015.06.11 2014노3433
횡령등
Text

All the judgment below is reversed.

The crime of No. 1 and No. 3 in the judgment of the defendant shall be punished by imprisonment with prison labor for one year and four months, and the judgment No. 2.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not know that he was sexual traffic business establishments at the time of introducing H to N, where H would work.

B. Although it was found guilty of violation of the Employment Security Act for household affairs (additional part), since the Defendant transferred all of the H’s creditors designated by H, it is not a profit that the Defendant acquired as a introduction fee or prepaid payment due to the violation of the Employment Security Act, and thus, it is not a subject of additional collection.

C. The lower court’s sentencing (one year and six months of imprisonment with prison labor for crimes Nos. 1 and 3, and No. 2 in its holding) is too unreasonable to impose an unfair sentencing sentence (one year and six months of suspension of execution, two years of suspension of execution, community service order 300 hours, additional collection 34.5 million won).

2. As to the defendant's ex officio determination (revision of indictment) prior to the judgment on the grounds for appeal by the court below, the prosecutor committed the violation of the Employment Security Act, which is the second crime, in the judgment of the court below, as to the fourth sentence of the indictment, "34.5 million won" in the fourth sentence of the indictment as "34.5 million won in the name of the advance payment of H", and "Article 48 (1) 2 and (2) of the Criminal Act" in the applicable provisions of law as "Article 10 (1) and Article 8 (1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment" were applied for changes to "Article 10 (1) and Article 8 (2) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment

Therefore, the second offense of the judgment of the court below is no longer maintained.

Nevertheless, the defendant's assertion of misunderstanding of facts as to the second part of the judgment is still subject to the judgment of this court, and this article examines the grounds for appeal by the defendant, including the above argument.

3. Determination on the grounds for appeal

A. The defendant's judgment on the allegation of unfair sentencing as to the first and third crimes in the judgment of the court below has become final and conclusive, and both the crimes in this part are judged and against theO.

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