(영문) 서울남부지방법원 2016.06.23 2015노1905

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.06.23 2015노1905

사기등

Text

The part of the judgment of the court below of first instance and the judgment of the court of second instance against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Considering the following circumstances, considering Defendant N, A, T, and U, the sentence imposed by the court below on the above Defendants (i) 2 years of suspended sentence of imprisonment with prison labor of the court below 2 years; (ii) Defendant A’s imprisonment with prison labor of the court below 1 year and additional collection of KRW 13.5 million; (iii) imprisonment with prison labor of the court below of the court of first instance of the second instance; (iv) imprisonment with prison labor of the court of second instance of the second instance; (v) two years of suspended sentence of the court of second instance; (v) additional collection of KRW 98.87 million; and (v) the community service order of U is too unreasonable. 2 years of suspended sentence of the court of second instance with prison labor of the court of second instance; and (v) the community service order of 160 hours.

1) Defendant N: (a) Defendant A’s deep reflects on the crime; (b) the first offender; (c) the case was normally undertaken except for the case of individual bankruptcy via Defendant A; (d) the social relationship is clear; (e) Defendant A’s client and employment attorney-at-law have contributed to society; and (e) Defendant A’s attorney-at-law has been deprived of his/her qualification; (c) Defendant A has no record of punishment except for two types of fine; (d) Defendant A has no record of criminal punishment; (e) the economic situation is difficult; (e) the injury of fraud was relatively minor; (d) the case was committed with a demand to call for responsibility; and (e) the case was committed with the demand to call for the commission of the case; (e) the case was committed without recognizing the illegality according to the industrial practice; and (e) the case was supported by his/her family members including a minor; (e) Defendant T is more closely against the crime; and (e) Defendant A has been provided with the form of performance-based support by a person with disabilities.

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