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(영문) 인천지방법원 2014.09.03 2014노1691
여신전문금융업법위반등
Text

All the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Each punishment of the Defendants against the Defendants is too unreasonable.

B. Each sentence against the Defendants of the lower court by the Prosecutor is too unhued and unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of the judgment in this case and the facts that the defendant A did not have the same kind of imprisonment without prison labor or more, and the defendant B did not have the imprisonment without prison labor or more than the imprisonment without prison labor for the same kind of criminal offense on or around 2005, except for the suspended sentence of imprisonment with prison labor for the same offense, and is in depth, the sentence against the defendants is too unreasonable. Thus, the defendants' assertion is justified, and the prosecutor'

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore justified, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the choice of punishment for facts constituting an offense: The Defendants’ Articles 70(3)6, 19(4)4, 70(2)5, and 20(1) of the Specialized Credit Financial Business Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act; Articles 30 of the Criminal Act;

1. Concurrent Crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act of the Defendants;

1. Suspension of execution: Article 62 (1) of the Criminal Act of the Defendants (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Order of community service: Defendant B-2 of the Criminal Act, Article 59 of the Probation, etc. Act;

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