공전자기록등불실기재등
All appeals filed by prosecutors and Defendant B shall be dismissed.
1. The summary of the grounds of appeal 1) In the case where the prosecutor (the part of the court below's acquittal against the defendant) completed the legal principles without the intention of actually establishing and operating the corporation, and the registration of incorporation was made by making a false report to the registry official as if the corporation was actually established and operated, the public official made a false statement contrary to the truth, and the court below erred by misapprehending the legal principles and sentenced the acquittal judgment as to this part of the facts charged. ② The sentence of the court below (the guilty part against the defendant B) on the grounds of unfair sentencing (the guilty part against the defendant B) is too uneasible and unfair.2) Defendant B's sentence is too unreasonable.
2. The lower court rendered a not-guilty verdict on this part of the facts charged on the grounds of the prosecutor’s explanation.
Examining the lower court’s judgment in light of the purport of the Supreme Court’s judgment (Supreme Court Decision 2016Do19133 Decided February 3, 2017 and Supreme Court Decision 2017Do2429 Decided April 13, 2017), the lower court’s judgment is justifiable.
3. The lower court sentenced Defendant B to a fine of KRW 10 million, taking into account the unfavorable circumstances and favorable circumstances.
There is no circumstance that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court, in full view of the following: (a) the fact that the Defendant was a condition for sentencing in this court; (b) the means of access that the Defendant lent was actually used for the Defendant’s criminal act; (c) the amount of damage was significant; (d) the Defendant committed the instant crime during the period of suspension of execution; and (e) the applicable sentences, etc.
In addition, the sentence of the court below is appropriate and too much, considering the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, etc.