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(영문) 수원지방법원 2015.10.13 2015노1747
조세범처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., in a case where the Defendant was provided with goods or services in an amount equivalent to KRW 717,402,10,00 in total, despite the fact that the Defendant was actually provided with goods or services, the Defendant submitted a false list of total invoices by seller, which does not constitute a significant and criminal offense, and the Defendant did not reflect the Defendant’s mistake, such as denying a criminal act from an investigative agency, and there was a history of criminal punishment on several occasions, the lower court’s sentence sentenced to four months of imprisonment is too unreasonable.

2. The judgment of the court below is against the defendant's wrong, and there is no record of criminal punishment for the same kind of crime; the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of occupational embezzlement for which the judgment has become final and the crime of this case should be considered at the same time as the case to be judged; taking into account the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, and the environment, considering all the circumstances alleged in the grounds for appeal, the court

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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