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(영문) 대구지방법원 2013.11.08 2013노1440
변호사법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the court below (the defendant A: 8 months of imprisonment and 2 years of suspended execution; 1 years of imprisonment and 2 years of suspended execution; 20 million won of fine) is excessively unreasonable.

B. Each sentence of the lower court by the prosecutor is too unhued and unreasonable.

2. Determination

A. It is a favorable sentencing factor that the Defendants did not have the same criminal record, and that the confession of the instant crime was against the Defendants, and that Defendant B was detained for more than one month without good health.

B. The instant crime is an unfavorable sentencing element in light of the following: (a) the existence of a claim is uncertain or the prescription period is completed; (b) the collection of a claim, the legal relationship of which is uncertain; (c) the collection of which exceeds a total of nine billion won, and (d) the collection of a claim exceeds a total of nine billion won; and (c) there is a high possibility of criticism in that it abused the bar system and abused the judicial system; (d) the nature of the instant crime is not good in collusion with the employees of the credit rating company in the course of the acquisition and collection of the claim, such as arbitrarily viewing the debtor’s personal information and making a strong speech and behavior; and (e) the number of lawsuits, the amount claimed, and the amount actually recovered; and

C. In light of the aforementioned various circumstances, such as the motive, means, and method of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is excessively heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the public prosecutor are without merit.

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