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(영문) 인천지방법원 2017.07.21 2017노1603
유사수신행위의규제에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the Defendants (the fine of KRW 10 million, the fine of KRW 5 million for Defendant B, the fine of KRW 2 million for Defendant C, the fine of KRW 3 million for Defendant D: the fine of KRW 3 million for Defendant E, and the fine of KRW 3 million for Defendant E) is too unreasonable.

2. Defendant E’s judgment on Defendant E did not submit a written reason for appeal within the period for submission of a legitimate reason for appeal, and the petition of appeal does not state the reason for appeal, and the judgment of the court below cannot be found ex officio due to examining the judgment below.

Therefore, Defendant E’s appeal should be dismissed by a ruling under the main text of Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant A, B, C, and D’s appeal is decided, Defendant E shall not be separately dismissed, and a decision shall be rendered together with a judgment.

3. Although there is no benefit from the crime of this case with respect to Defendant A, B, C, and D, there is a favorable condition for the Defendants, such as the fact that there is no benefit from the crime of this case with respect to Defendant A, B, C, and D, and that the Defendants recognized their mistakes and reflects them. However, the crime of this case is organized and operated in a large number of damages, and it is not good that the Defendants are involved in the crime of this case, and the circumstances and the scope of their participation should be considered in relation to the crime of this case. Furthermore, the records of the previous crime of this case (2 cases including the suspension of the execution of imprisonment for Defendant A, and one fine for Defendant B) are included in Defendant A and B, and the remaining Defendants are deemed to have been sentenced by the court below in consideration of the above circumstances, and all of the sentencing elements of this case, including the age, sex, environment, health conditions, motive, means and consequence of the crime, circumstances after the crime, and equity in punishment, etc., are considered.

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