logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.02.17 2016노81
공전자기록등불실기재등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each court below against the Defendants (Defendant A: one year of imprisonment, and six months of imprisonment) is too unreasonable.

B. The respective sentence of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination

A. The crime of this case against Defendant A was committed in collusion with other accomplices by submitting a false application for registration of the incorporation of a juristic person, establishing an account under the name of the old juristic person, and distributing an access medium such as passbook, cash card, etc. In light of the circumstances, method, and contents of the crime. The period of the crime of this case is long, the number of the established old juristic persons and the transfer of the access medium. It is reasonable that the method of the crime of this case is also planned and repeated. The access media such as passbook, cash card, etc. in the name of the transferred juristic person is very serious social harm caused by the crime of this case. In particular, the above defendant raised I and J in the process of the crime of this case to the crime of this case, and it appears that the defendant continued to commit the crime of this case even after being issued a summary order due to the same crime, and that the actual profits acquired by each of the crime of this case is disadvantageous to the above defendant.

On the other hand, the above defendant led each of the crimes of this case, and did not seem to have led all of the crimes of this case, the amount of the above proceeds of crime was donated to social welfare corporations, there was no record of punishment more severe than fines for the same crime, and the defendant's family members and supporters want to leave their preference against the defendant, etc. are favorable circumstances to the above defendant.

In each of the above circumstances, the above defendant's age, sex, environment, family relationship, and crime.

arrow