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(영문) 인천지방법원 2018.01.19 2017노4391
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant led to the confession of the crime; (b) some victims expressed their intention not to punish; (c) the Defendant had been punished several times for the same crime; and (d) the Defendant continuously and repeatedly committed each of the instant crimes during the repeated crime period; and (c) the Defendant continued to commit the crime after release on two occasions, even though he/she was arrested as an current offender (as of May 10, 2017 and May 21, 2017), and other various circumstances, including the Defendant’s age, health status, sex and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[1] Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”) provides that one of the largest shareholders of a financial company shall examine the requirements for maintaining eligibility, such as whether the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Punishment of Tax Evaders Act, are in violation of the Acts and subordinate statutes prescribed by Presidential Decree. Article 32(6) of the Act provides that a person concurrently commits a violation of the Acts and subordinate statutes prescribed in Article 38 of the Act and other offences shall be tried and sentenced separately, notwithstanding Article 38 of the Criminal Act. Of the grounds for the punishment of this case, the Act on Specialized Credit Financial Business (hereinafter “the Act”) provides that the Act on Specialized Credit Financial Business is in accordance with Article 32(1) of the Enforcement Decree of the Act pursuant to Articles 5 and 27(3) of the Act. However, the major shareholder (the major shareholder and the major shareholder of the financial company under Article 2 subparag. 6 of the Act) by acquiring the issued shares of the financial company.

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