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(영문) 부산지방법원 2013.03.13 2012노3792
변호사법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

25,000,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, etc.) is too unreasonable.

2. In light of the fact that the accused, despite the past record of five times punishment for fraud, has committed the instant crime again, and that there is significant nature of such crime, such as deceiving the victim by means of deceiving the victim by soliciting the executive officers of the prosecutor’s office to conclude the investigation of the victim by solicitation, etc., it is necessary to punish the accused strictly.

However, in light of the following circumstances: (a) the Defendant reflects his mistake from the lower court to the lower court’s judgment; (b) agreed with the complainants; (c) the amount of damage was fully returned to the complainants; and (d) other various conditions of sentencing as indicated in the record, such as the character, conduct, environment, age, motive, circumstances, means and consequence of the crime; and (c) the sentence imposed on the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 111(1) of the Attorney-at-Law Act (a point of receiving money on the pretext of solicitation) and Article 347(1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 116 of the Attorney-at-Law Act;

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