사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing: Defendant B: the suspended sentence of a fine of KRW 3 million; Defendant C: the suspended sentence of a fine of KRW 1 million) is too uneasible and unreasonable.
2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted at the trial court, there is no change in the terms and conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged as grounds for sentencing are unfair are already reflected in the lower court’s sentencing grounds, and in full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.