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(영문) 전주지방법원 2016.02.05 2015노1629
사기등
Text

The judgment below

Of the defendant A's decision, the sequence 3-1 of the sight table of the attached crimes among the crimes No. 1-A, multiple crimes, and B are 12.

Reasons

1. The summary of the reasons for appeal is that the sentence of the court below (as to the sequence 1 to 11 of the table of crime No. 3-1 among the crimes of No. 1 of the judgment of the court below in the judgment of the court below: two months of imprisonment; as to the crimes of No. 1-A; No. 12-35 of the table of crime No. 3-1 of the judgment; as to the crimes of No. 3-2 through No. 3-7 among the crimes of No. 1 of the judgment of the court below; and as to the crimes of No. 3-2 and No. 3-7 of the table of crime of the annexed crime:

2. Determination

A. Of the crimes No. 1-B of the judgment of Defendant A, the judgment of Defendant A as to the argument of unfair sentencing as to the sentencing of No. 3-1 or No. 11 of the annexed Table 3-1 of the crime committed in this part is inconsistent with this part of the judgment. The crime in this part is a circumstance that is favorable to Defendant A, such as the fact that Defendant A contributed KRW 20 million to a social welfare foundation when it comes to the first instance trial, in both the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, which became final and conclusive, and the crime in this part is a single concurrent crime after Article 37 of the Criminal Act.

However, this part of the crime is deemed to have purchased 2,200 liters over 11 times with knowledge that Defendant A’s duty-free oil sold by Defendant A was acquired as a result of a fraud. Considering the content and frequency of the crime, the nature of the crime is serious in light of the substance and frequency of the crime, and all the sentencing conditions of the instant case’s pleadings, such as Defendant A’s age, sex, family environment, etc., the lower court’s sentence imposed on Defendant A regarding this part of the crime is too unreasonable.

Therefore, the defendant A's argument that this part of the sentencing is unfair is not accepted.

B. The crime of this part of the judgment of the court below as to the unjustifiable argument on the sentencing of the crime No. 1-A, No. 3-1, No. 12, and No. 3-2, and No. 3-7 of the List of Crimes of Attached Crimes among the crimes No. 1-A, No. 3-1, and No. 3-2, and No. 3-7 of the List of Crimes of Attached Crimes of Defendant A is to obtain tax exemption worth KRW 67,000,000 through 498.

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