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(영문) 부산지방법원 2018.03.09 2017노4560
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. It is recognized that the defendant, who made a confession of a crime, has divided his mistake, has no record of punishment for the same kind of crime, and should be sentenced to punishment in consideration of equity and the case of judgment at the same time as the crime of injury in which judgment has become final and conclusive.

However, in light of the forms and methods of each of the crimes of this case, the liability for the crime of this case is not against the law, the fact that the court below did not agree with the victims, the court below set the punishment by lowering the amount of fine as set forth in the summary order, the court below did not change any circumstances that may otherwise determine the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

[1] Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) provides that one of the largest shareholders of a financial company shall examine the requirements for maintaining eligibility, such as whether a person has violated the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes related to finance, and Article 32(6) of the same Act provides that a person who concurrently commits a violation of the Acts and subordinate statutes provided for in paragraph (1) and any other crimes shall be tried and sentenced separately, notwithstanding Article 38 of the Criminal Act.

The Act on the Specialized Credit Financial Business among the Act on the Punishment of the Defendant is a law under Article 32(1) of the Act on the Management of Financial Companies pursuant to Article 5 and Article 27(3) of the Enforcement Decree of the Act on the Management of Financial Companies. In addition, the Act on the Management of Financial Companies acquires and takes over shares issued by a financial company and major shareholders (Article 2(6) of the Act on the Management of Financial Companies.

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