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(영문) 서울중앙지방법원 2015.09.24 2015노3119
게임산업진흥에관한법률위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for each of the crimes listed in A.

Reasons

1. Summary of grounds for appeal;

A. In light of the various circumstances of Defendant A (unfair punishment), the sentence imposed by the lower court (one year of imprisonment and three million won of fine, confiscation) is too unreasonable.

B. When considering the various circumstances of Defendant B (unfair punishment), the sentence of the lower court (10 months of imprisonment) is too unreasonable.

C. When considering the various circumstances of the inspection (unfair form of punishment), the sentence imposed on the Defendants in the lower court is too unfilled and unreasonable.

2. Determination

A. Determination 1 ex officio with respect to Defendant A’s crimes listed in the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below. According to the records, ① the Defendant was sentenced to a suspended sentence of four months for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, at the Daegu District Court on April 11, 2014, and the judgment became final and conclusive on October 2, 2014; ② the Daegu District Court sentenced a suspended sentence of two years for a violation of the Electronic Financial Transactions Act; and ② the judgment became final and conclusive on October 11, 2014; thus, each of the crimes listed in Article 1 of the judgment of the court below as stated in the judgment of the court below from October 2012 to June 2013, taking into account the following crimes: (i) the crime of embezzlement of which punishment became final and conclusive; (ii) the crime of violation of the Act on Registration of Credit Business and Protection of Financial Users; and (iii) the crime of violation of the Electronic Financial Transactions Act and the latter part of Article 37.10

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