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(영문) 부산고등법원 2013.05.16 2013노153 (1)
특정경제범죄가중처벌등에관한법률위반(증재등)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment with prison labor and two years of suspended execution) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant has led to the confession of all the instant criminal facts and divided his mistake, that the Defendant returned KRW 1,1950,000,000 to 17,000,000,000,000, out of the fees received from 18 women, and that the Defendant did not have any previous conviction and had no criminal record heavier than the fine, in addition to the suspended sentence of imprisonment on July 12, 2004.

However, even though the crime of this case was not carried out after 2005 in the DDR, the defendant was started to make a certificate of "management brokerage fee for fishery products" in the name of the president of the DDR association which is false in the judgment of the court below with the aim of establishing evidentiary materials to receive compensation for fishery damage, and as a result, the fairness of the duties of the executive officers and employees of the financial institution and the social trust thereof were significantly damaged, and other various sentencing conditions in the pleadings of this case, such as the defendant's age, character, behavior and environment, the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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