변호사법위반
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendants’ respective sentences (Defendant A: one year of imprisonment and two years of probation, fine 20 million won, probation, community service, Defendant B: one year and six months of probation and two years of probation, fine 20 million won of probation, probation, community service, 120 hours of imprisonment and two years of probation, 20 million won of fine, 120 hours of probation, community service) are excessively unreasonable.
B. Each sentence of the lower court by the prosecutor is too unhued and unreasonable.
2. Determination
A. The fact that Defendant A did not have the same criminal record and was punished by a four-time fine, and that the Defendants discontinued debt collection business on February 14, 2012 and would not further repeat the crime. The fact that the Defendants led to the confession of the crime is favorable sentencing factors.
B. The crime period of this case is equivalent to two years and eight months, and the claimed amount is larger than a total of 3.9 billion won, Defendant A is registered as the representative director in the case of Defendant F and takes charge of the affairs of the court, the management of employees, the preparation of a contract, and the performance report, and takes charge of the practical operation. Defendant A tried to conceal and reduce the criminal records of Defendant B in an investigative agency, and Defendant B had the same criminal records and the same criminal records and charges are disadvantageous factors.
C. In light of all the circumstances, such as the motive, means, and method of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable.
3. As such, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.