공전자기록등불실기재등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year and two months) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The instant crime committed by the Defendant, by sharing a systematic and organic role, establishes a false so-called “age-based corporation,” and allowing the Defendant to keep electronic records, etc. on the corporation to be recorded and kept. Obstructing the business of opening the bank’s account, it was difficult to obstruct the business of opening the bank’s account. In light of the content of the crime and the method of use, etc., the crime is not good, and considering the number of corporations established by falsity, the number of accounts in the name of the corporation, and the quantity of access media, the scale and degree of the crime is very serious.
Such crimes are highly likely to undermine transparency in financial transactions and disrupt financial order, and they are used in crimes with great social harm, such as Bosing or illegal sports gambling, and have a significant adverse impact on society, such as massing of victims of good faith. Therefore, it is necessary to strictly punish them.
In addition, the defendant had the record of being punished once by a fine due to the violation of the Electronic Financial Transactions Act, even though he/she was sentenced to suspension of indictment and was sentenced to the crime of this case.
Considering these circumstances, the sentence of sentence on the defendant is inevitable.
However, the Defendant is against the recognition of the entire crime of this case, and the role of the Defendant does not seem to have led to the entire crime.
There are no criminal records exceeding the fine imposed on the accused, and the preliminary vagabonds, family members and branch members of the accused want to take the lead of the accused.
In addition to these circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and the number of crimes, criminal records, and participation.