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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2016.07.07 2015노1049
특정경제범죄가중처벌등에관한법률위반(증재등)
Text

Defendant

All appeals filed by A, Defendant B, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts and improper sentencing) 1) The lower court deemed that Defendant A committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) for the second part of the judgment below’s second part of the crime sight table 2. However, Defendant A’s offering of entertainment amounting to KRW 13.9 million as above was not done for the purpose of lending, etc., it cannot be deemed that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) is established.

Therefore, the court below erred by misunderstanding the facts.

2) The sentence against Defendant A (i) of the lower judgment’s punishment (i.e., the first time table of the crime committed in the first instance judgment; (ii) the part of the crime committed in the second to nine times table of the crime committed in the lower judgment; and (iii) the two crimes as indicated in the lower judgment; and (iv) the imprisonment of October, 2 years of probation; and (ii) the one of the crimes as indicated in the first judgment of the lower court, among the crimes as indicated in the first judgment of the lower court, the imprisonment of 2 months of probation, 2 years of probation, and 240 hours of community service) is too unreasonable.

B. Defendant B (the judgment of the court below regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) as to each part of the list 2 of the crime committed by Defendant B (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes), the court below deemed that Defendant B received money and valuables of KRW 5 million, such as the one once again in the list of the crime committed by Defendant B, but Defendant B did not have received money and valuables of KRW 5 million from Defendant A as above.

In addition, the court below deemed that the defendant B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as Acceptance of Materials, etc.) with respect to each part of the second part of the crime sight table of the court below, but the defendant B did not receive entertainment in relation to the loan, and therefore, the defendant B did not receive entertainment.

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