상법위반
All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the Defendants (the fine of KRW 40 million for the Defendants A, and the fine of KRW 20 million for the Defendants B) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unjust.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined punishment in consideration of the following: (a) Defendant B Company was provided with a security for loans; (b) Defendant A appears to have been provided with a view to meeting the conditions set by the Financial Supervisory Service with respect to capital increase with respect to issuing new stocks of Defendant B Company; and (c) Defendant A appears to have been repaid; and (d) it is difficult to deem that Defendant A abused the system of a stock company due to the instant crime; and (c) Defendant A did not have any record of punishment
In addition, taking into account the following circumstances, comprehensively taking into account the Defendants’ age, living environment, motive for committing a crime, circumstances after committing a crime, and criminal records as revealed in the arguments of the lower court and the political party, it cannot be deemed that the sentence imposed by the lower court is too excessive, or that the sentence imposed by the Defendant A is too excessive, and thus, exceeds the reasonable scope of discretion.
Therefore, the Defendants and the prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the Defendants’ appeal and the Prosecutor’s appeal against Defendant A are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.