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(영문) 서울중앙지방법원 2018.05.18 2017노4751
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The gist of grounds for appeal (violation of Acts and subordinate statutes and unfair sentencing);

A. Although a violation of the Act on Corporate Governance of Financial Companies should be sentenced separately from other crimes pursuant to Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”), the lower court erred by having sentenced the Defendant to one imprisonment.

B. The sentence that the court below rendered unfair sentencing (two years of the suspended sentence of October, the observation of protection, the community service work for 120 hours, the confiscation) is too uneasible and unfair.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

Article 33(1) of the Criminal Procedure Act provides that the head of a Si/Gun/Gu shall return the seized stolen property to the victim by judgment (Article 333(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, Articles 16 and 17 of the evidence, which was confiscated by an investigative agency, is the stolen property obtained from the defendant as a larceny crime against the victim's name, which was No. 1 once a year again in the list of crimes No. 1 in the judgment of the court below, and the reason for return to the above victim is apparent. Thus, the court below omitted this from the judgment of the court below, which affected the conclusion of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

However, the prosecutor's assertion of violation of law is still subject to the judgment of this court, which is examined below despite the above reasons for reversal of authority.

3. In full view of the provisions of Article 32(1), (4), and (5) of the Act on the Management of Financial Institutions and the Structures and Systems for the Determination of Violations of Acts and subordinate statutes by the Prosecutor, the provisions on the examination of qualifications under Article 32(1) of the same Act shall maintain a sound financial order and the soundness of the management of the financial company through a periodic examination of qualifications for those subject to examination of qualifications.

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