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(영문) 수원지방법원 2019.09.20 2019노3667
공익법인의설립ㆍ운영에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The fact that the defendant confessions the confession and objects to him, and that he has no record of punishment for the same kind of crime is favorable to the defendant.

The fact that the amount borrowed by the defendant exceeds 50% of the basic property of the relevant corporation is disadvantageous to the defendant.

In full view of the matters that are the conditions for sentencing and the applicable sentences in the trial, there is no circumstance that the lower court’s determination of sentencing has exceeded the reasonable bounds of its discretion, or that it is deemed unfair to maintain the lower court’s determination of sentencing as it is.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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