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(영문) 부산지방법원 2016.07.07 2015노4668
유사수신행위의규제에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The defendant asserts that the punishment of 1 year and 2 months of imprisonment sentenced by the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unfeasible and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment

A prosecutor applied for permission to amend a bill of indictment to add the list of crimes added to the facts charged in the case of the 2015 Highest 5410 cases at the trial of the party, and this court permitted it, and the facts constituting the crime of the above 2015 Highest 5410 cases at the above 2015 Highest 2015 Highest 2791 and the former part of Article 37 of the Criminal Act are concurrent crimes, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in its entirety.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: (a) the defendant received a total of KRW 112,00,000 in total seven times as investment money as stated in the attached Table 2 Crime List in the lower judgment’s 2015 Highest 5410 of the facts charged.

From November 8, 2013 to March 27, 2014, the part “” received KRW 293,600,000 from J, AE, and granted KRW 293,60,000, in total for 14 times, as indicated in the list of crimes in attached Table 2, and from March 17, 2014 to June 2, 2014, as shown in the list of crimes in attached Table 2.

“ 1. The Defendant’s in-court testimony at the trial” in the summary of the evidence

1. Each police statement made to AD or AE;

1. Except for the addition of “a loan certificate, etc.”, the same shall apply to the description of the corresponding part.

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