(영문) 인천지방법원 2016.12.01 2016노1570 | 리걸엔진

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(영문) 인천지방법원 2016.12.01 2016노1570

유사수신행위의규제에관한법률위반등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Each request for remedy order made by an applicant.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (one year and six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment to the facts charged against the defendant as stated in the "reason of the judgment in which the indictment was written" under the court below, and the judgment of the court changed the subject of the judgment following permission. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) the court below's decision was delivered 56,960,216,318 won in total on 9,511 occasions over 9,51 times in total as investment, and was delivered 56,976,716,318 won in total for 9,514 times in total; and (b) the following parts are added to the last part of the attached Table 2 of the crime list in the summary of the evidence.

1. The police statement of CE;

1. In addition to the addition of the investigation report (the appendix of the victim's regional agricultural cooperatives and the details of entry and withdrawal from national banks), it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

The application of the CE law of KRW 30,000,000 won CE on January 4, 2016, 2016 to the deposit account deposit account of KRW 6.6 million on January 2, 2016, KRW 3.3 million on January 6, 2016, KRW 6.6 million on January 4, 2016.

1. The act of receiving the corresponding Article of the Criminal Act and the punishment without the option; and

참조조문

-형사소송법 제364조 제2항

-형사소송법 제369조

유사 판례

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