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(영문) 서울남부지방법원 2015.01.30 2014노1163
자본시장과금융투자업에관한법률위반등
Text

1. Of the judgment of the lower court of Defendant A1, each of the crimes listed in paragraphs (1) and (1) of the 2013 Highest 3115 and paragraph (1) of the 2013 Highest 4108.

Reasons

1. Article 1(1) of the Criminal Procedure Act and Article 1(1) of the Criminal Procedure Act (hereinafter referred to as “Defendant A”) (hereinafter referred to as “Defendant A”) rendered by the lower court on the summary of the grounds for appeal (hereinafter referred to as “Article 1 of the Act”)

(2) each of the crimes listed in the other’s holding (hereinafter referred to as “the second offense”) with prison labor for eight months and

3 years of imprisonment, 1 year and 6 months of imprisonment with prison labor, 1 year and 6 months of imprisonment with prison labor, 3 years of suspended execution) are too unreasonable.

2. Determination

A. 1) Of the first judgment on the grounds of appeal by Defendant A, the part concerning the crime No. 1 in the judgment of the court of first instance on which the value of the check issued as a result of the crime of violating the Illegal Check Control Act is equal to or more than 500 million won, the defendant has been punished for imprisonment several times due to fraud, etc., and the court below seems to have determined the punishment in consideration of equity in the case where the judgment was rendered together with the crime of violating the Illegal Check Control Act which became final and conclusive, and there is no change in circumstances to change the sentencing of the court below at the court below in light of the circumstances leading to the crime of this case, including the background leading up to the crime of this case, the age of the defendant A, character and conduct, and environment, and the sentencing conditions shown in the argument of this case such as the defendant A's age, character and environment, it is not unreasonable that the sentence of the court below on the crime No. 2 in the first judgment of first judgment and the grounds for appeal by the defendant No. 2

This Court held two cases of appeal against the judgment of the court below concurrently and tried, and this part of the judgment of the court below is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the second part of the judgment of the court of first instance as to the second part of the judgment of the court of second instance and the second judgment

B. In determining the grounds for appeal by Defendant B, a substantial part of the bill issued by Defendant B with his involvement.

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