허위공문서작성등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds of appeal is that Defendant A used part of the money acquired through the instant crime individually, and the Defendants used the money obtained through deception as the operating expenses of the financial team to which the Defendants belong. As such, the Defendants are not guilty of taking advantage of the existing practices, the sentence of the lower court (Defendant A: fine of fine of KRW 20 million, and fine of KRW 7 million) is too uneasible.
2. Determination on the grounds for appeal
A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The circumstances alleged by the prosecutor as an element of sentencing unfavorable to the Defendants in the grounds of appeal are deemed to have been sufficiently considered in the original court’s determination of the sentence, and there are no new additional circumstances to change the sentence of the lower court in the original court. In addition, considering the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.