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(영문) 인천지방법원 2016.11.11 2016노3374
자본시장과금융투자업에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (20 million won of fine) declared by the court below is too unhued.

2. The crime of this case is determined by acquiring a company that can issue a bill without authorization from the Financial Services Commission and issuing and distributing the so-called “billed bill.” Since the act of causing damage to the final holder who received the bill with the trust of credit rating in question, which ultimately disturbs social credit order, there is a need for strict punishment. However, it is not recognized that the punishment imposed by the court below is unreasonable because it is too unreasonable in consideration of the following factors: (a) the defendant's mistake and reflects; (b) the degree of the defendant's participation in the crime is relatively minor; (c) the collection of part of the bill; (d) the defendant has no record of criminal punishment for the same kind of crime; and (e) the defendant's age, character and conduct, environment, motive and motive of the crime; (e) the degree and consequence of the crime; (e) the degree of participation in the crime; (e) equity in punishment among accomplices; and (e)

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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