공전자기록등불실기재등
All appeals filed by prosecutors and defendants are dismissed.
An application filed by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. In relation to the part of the judgment of the court below not guilty, since the Defendants applied for registration of incorporation as if they were actually in a company which did not have any substance, the Defendants’ act constitutes “false report” which is the constituent element of the crime of false entry into public electromagnetic records, etc. However, the court below determined that the Defendants did not have recorded false facts as to the establishment of a company, and determined the Defendants not guilty, on the premise that the establishment of the company in this case is legally effective, and thus, the court below erred by misapprehending the legal principles, which affected
B. The sentence of unfair sentencing (public prosecutor and Defendants) pronounced by the lower court (two months of imprisonment, four years and ten months of imprisonment, and two years of imprisonment) is too weak or unreasonable.
2. Determination
A. The lower court acquitted the Defendant on this part of the facts charged for the same reason as the reasoning of its reasoning.
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.
B. In light of the unfavorable circumstances and favorable circumstances, the lower court sentenced Defendant A to two months of imprisonment and four years and ten months of imprisonment with prison labor for the remaining crimes, and sentenced Defendant B two years of imprisonment with prison labor for the crimes set forth in the attached Table 1-A, among the crimes set forth in the attached Table 1-A, which are set forth in the judgment of Defendant A.
The terms and conditions of sentencing in the trial are as follows. In particular, the Defendants established a legal entity that has no entity in a systematic and planned manner, and opened and distributed Internet telephone and representative numbers in its name. Defendant A provided the aforementioned opening Internet telephone and representative numbers to the employees of Bosing criminal.