변호사법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the penalty of KRW 10 million for Defendant A; the penalty of KRW 20 million for Defendant B; the suspended sentence of KRW 1 year and 2 years; the penalty of KRW 22 million for Defendant C; the imprisonment of KRW 1 year and 6 months; the suspended sentence of KRW 2 years; and the penalty of KRW 33 million for KRW 33 million) is too unreasonable.
2. The crime of this case is deemed to have been delivered KRW 55 million to H under the pretext that the Defendants were willing to make a solicitation to the prosecution for the commission of the crime of this case, and the nature of the crime is significant in light of the applicable law of the crime and the amount received, etc., and Defendant C had the record of criminal punishment for the crime of fraud similar to the crime of this case even around 2010, considering that there was a history of criminal punishment for the crime of this case.
However, the defendants led to the crime of this case for the purpose of aiding and abetting H, which is charged with the crime of this case, and Defendant A appears to have committed the crime of this case for the purpose of aiding and abetting H, which is charged with the crime of this case; Defendant B returned the full amount of KRW 5 million even though there was no money received from H; Defendant B returned the full amount of KRW 22 million received from H; Defendant C returned KRW 18 million out of KRW 33 million received to H, and additionally returned KRW 5.7 million to H during the trial; Defendant C returned the total amount of KRW 33 million; Defendant C returned the amount of KRW 18 million to H; Defendant A did not want to be punished by the Defendants; Defendant A and B did not have the record of criminal punishment for the same kind of crime; Defendant C did not have the record of criminal punishment for the same crime since 2010; and in consideration of all the sentencing conditions in the argument of this case, including the age, character, and family environment of the Defendants.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.