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(영문) 서울중앙지방법원 2016.03.25 2015노4888
조세범처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) one deliberation penalty (one year of imprisonment) is too unreasonable.

2. The defendant made a confession and reflect on the crime of this case, the first offender, and 5,00 won per gambling.

It seems that the size of the profits acquired by the assertion is not greater than that of fake manufacturers, and the fact that the crime was committed for living can be considered as favorable circumstances for the defendant.

However, even though the Defendant did not have a license for alcoholic beverage sales business, the Defendant contributed to distributing a large quantity of fake stock in the market by changing the fake stock that had been created by the customer without tax invoices. As a result, the Defendant contributed to distributing a large quantity of fake stock in the market. The crime is bad; the period of trading with the fake manufacturer is about 25 months; the quantity of double-stock manufacturers has been sold for a long period of 25 months; the quantity of double-stock manufacturers are also 1,300 sick; the Defendant continues the double-stock trading in shift with C, D, etc. even though he knows that he was detained; the background and motive leading up to the instant crime; the Defendant’s attitude and motive leading up to the instant crime; the degree of loss, age of the Defendants, sexual behavior, environment, etc.; and the Defendant cannot be deemed to be unduly unfair by exceeding reasonable discretion.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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