A. After the game site was controlled, the Defendant did not specifically instigated C to prepare a false statement, and the Defendant did not suggest F to make the statement that F is the actual operator of the game site instead of the Defendant, as stated in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts, which led to the conviction of each offender among the facts charged in the instant case.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Unlike in the police investigation stage, C and F changed their statements to acknowledge the crime committed and the Defendant’s criminal offender at the prosecution investigation stage. However, in light of the developments leading up to the reversal of the statement and the existence of the statement, the credibility of the statement at the prosecution investigation is sufficiently recognized.

C and F already received a summary order with the same content as a crime, and F requested formal trial, but F was sentenced to a fine in the same amount and became final and conclusive as it is.

In addition, comprehensively taking account of all the circumstances such as the circumstance that the defendant was under the suspension of the execution of imprisonment with labor for the same kind of crime at the time of the crime of violating the punishment rate on the promotion of the game industry of this case, the fact that the defendant instigated C and F to avoid the crime in the same manner as the facts charged can be

Defendant’s assertion of mistake is rejected.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

The defendant's argument of sentencing is also accepted.