(영문) 서울중앙지방법원 2018.04.05 2017노4186

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.04.05 2017노4186

유사수신행위의규제에관한법률위반등

Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

. Prosecutors;

Reasons

The judgment of the court below which sentenced to one punishment, even though the violation of the Act on the Regulation of Similar Receiving Acts under Article 32 (6) of the Act on Corporate Governance of Financial Companies should be sentenced separately from other crimes, is erroneous in the misunderstanding of legal principles in violation of Article 388 (1) of the Criminal Procedure Act.

The sentence of the lower court against the Defendants (with respect to the Defendants: 2 years and 6 months; 1 year of imprisonment; 2 years of probation; community service order; 1 year of imprisonment with prison labor; 2 years of probation; 3 years of probation; 4 years of community service order; 2 years of probation; 3 million won of community service order; and 4 million won of fine: Defendant D) is too unreasonable.

Defendant

A (unfair sentencing) The sentence sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

The court below found the Defendants guilty on the following facts: (a) the receipt of similar facts in the facts charged against the Defendants (No. 11, 15, 17, 20 through 22, 26, 28, 33 through 35, 38, 51, 53, 59, 74, 80, 82, 84, 84, 90, 94, 97, 125, 157, 160, 161, 163, 164, 171, 173, 176, 179, 180, 202, 203, 209, 2226, 232, 2335, 240, 241, and part of the charges charged against A (excluding the Defendants’ fraud).

Defendant

A and the prosecutor appealed only for the guilty portion on the grounds of misunderstanding of the legal principles and misunderstanding of the sentencing, and the defendant C also submitted a petition of appeal, but did not submit a written reason for appeal within the period for submission of the written reason for appeal. On April 3, 2018, the appeal was dismissed.

The part of the judgment of the court below on the charge of the act of receiving similar goods and the charge of fraud that the court below found not guilty on the grounds of the judgment shall be judged to be guilty on the charge of the act of receiving similar goods, the fact of fraud and the

참조조문

-금융회사의 지배구조에 관한 법률 제32조 제6항

유사 판례

-부산지방법원 2017.06.09 2017노84

-서울고등법원 2018.08.24 2018노51

-부산지방법원 2017.02.13 2016노2736

-서울고등법원 2018.07.12 2017노2456

-서울중앙지방법원 2018.12.14 2018노2168