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(영문) 청주지방법원 2017.07.13 2017노494
변호사법위반등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of four months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the legal principle (Defendant A) merely introduces Defendant B as a broker to G and did not participate in the act of mediation. Thus, the Defendant did not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) against the Defendant.

Nevertheless, the judgment of the court below convicting the defendant of this part of the charges is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment.

B. Sentencing 1) The respective sentence of the lower court (Defendant A: imprisonment of 8 months, additional collection, Defendant B’s imprisonment of 4 months, additional collection) is too unreasonable.

2) Each sentence of the lower court by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Before determining the grounds for appeal on Defendant B’s ex officio, according to the evidence, the Defendant was sentenced to imprisonment with prison labor for two years at the Cheongju District Court on October 21, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a known player), and the said judgment became final and conclusive on June 15, 2017.

However, if the defendant's judgment against the defendant constitutes a concurrent crime after Article 37 of the Criminal Act and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and the defendant's judgment against the defendant, and if the punishment of the above crime is determined pursuant to Article 39 (1) of the Criminal Act, it shall be sentenced in consideration of equity with the case where the defendant was judged concurrently with the crime of violation of the Act on the Aggravated

Therefore, the part of the judgment of the court below against the defendant can no longer be maintained.

B. As to Defendant A’s assertion of misunderstanding of the legal principles, the term “the receipt of money and valuables with respect to the intermediation of matters belonging to the duties of officers and employees of financial institutions” under Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes means the receipt of money and valuables under the pretext of mediation and solicitation of matters belonging to the duties of officers and employees of financial institutions.

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