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(영문) 서울고등법원 2016.07.15 2016노1131
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (unfair sentencing) sentenced by the court below to the defendants (for defendant A, 4 months of imprisonment, 1 year of suspended execution, 16 million won additional collection, 1 year of suspended execution, 4 million won additional collection, 3 months of imprisonment, 4 million won of suspended execution, 3 months of imprisonment, 4 million won of additional collection, 30 million won of fine: 15 million won of fine, 30 million won of additional collection) are too uneasible.

2. Each of the instant crimes committed on the grounds of appeal is not good for the Defendants to receive money from financial institutions under the pretext of allowing them to obtain a loan from financial institutions, and the amount received is less than KRW 20 million for Defendant A and B, and KRW 30 million for Defendant C. The Defendants were punished for fraud several times, etc. In particular, Defendant C committed the instant crime during the period of repeated offense.

Considering these points, the responsibility of the Defendants is not weak.

However, in light of the favorable circumstances such as the defendants' depth of the crime of this case, the defendants' agreement with I and I do not want the punishment of the defendants, and the defendant A and B constitute a single concurrent crime after Article 37 of the Criminal Act, and the fact that it should be judged simultaneously with the crime for which judgment has become final and conclusive since it constitutes a single concurrent crime after Article 37 of the Criminal Act, and other circumstances revealed in the arguments of this case, such as the defendants' age, sex, sex, environment, family relationship, circumstances and result of the crime, etc., it cannot be said that the punishment imposed by the court below is unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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