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(영문) 서울동부지방법원 2013.04.11 2013노112
채무자회생및파산에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant had taken advantage of the fact that the Defendant was aware of his criminal act and committed a mistake, the instant crime was committed in favor of the Defendant, even though the Defendant was the operator of E in fact, and was made a false statement about his pay, etc. to the trustee in bankruptcy in order to conceal it and obtain bankruptcy immunity, and the motive for the crime is not good. The sentencing of the lower court appears to have taken into account all the above favorable circumstances. The first complainant F and G want to submit a written withdrawal of the complaint and the Defendant’s preference against the Defendant. However, such circumstance is inappropriate to take into account the nature of the instant crime as the sentencing factors, and considering all the circumstances revealed in the records and arguments, such as the Defendant’s age, character, character and environment, occupation, power, circumstances, means and result, etc. before and after the instant crime, the sentence of the lower court is too unreasonable.

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

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