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(영문) 서울고등법원 2018.04.04 2017노3080
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing) and his defense counsel explicitly withdrawn misunderstanding of facts and misapprehension of legal principles on the fourth trial date.

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

B. The sentence that the court below rendered by the prosecutor (unfair sentencing) is too uneasible and unfair.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal.

In the first instance trial, the prosecutor applied for permission to amend the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - 1, 2, 3. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - Defendant A and C's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), 4. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - Defendant A's violation of the A's Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - 4. The court permitted the amendment of the Act as follows.

As above, the part of the judgment of the court that sentenced the defendant to a single punishment by recognizing the amendment of the facts charged as the subject matter of the court's trial, including the above part, was modified, and all of the facts charged in this case

B. The facts charged charged that was changed at the trial of a political party shall be stated in the refrat body, and the modified part shall be indicated under the bottom.

[ 기초사실] 피고인들의 지위 피고인 A은 1999. 피혁제조회사인 ㈜W 을 인수하여 2010. 6. 경까지 운 영하였고, 2010. 3. 경 피혁제조 및 판매회사인 ㈜X( 이하 ‘X’ 이라고만 한다) 을 설립하여 운영하다 2013. 2. 6. 활성탄 제조 및 판매업을 사업목적에 추가한 후 현재까지 운영하는 사람이다.

Defendant

B In November 201, 201, LAB established and operated the KAB (hereinafter referred to as “Y”) to the KAB on January 20, 201, and the defendant D and middle school.

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