2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined that ① the Defendant modified shipping documents, such as a bill of lading, even though he was not actually exported from the financial institution to obtain a loan from the financial institution using the so-called “export credit guarantee system,” and then presented documents altered to the victim company bank, and the crime of this case committed by obtaining a loan of approximately ten billion won from the victim company bank, is not very good, and the Defendant entered the Republic of Korea on March 7, 2013 through Cambodia, but entered the United States through Cambodia, and entered the Republic of Korea on December 5, 2018. The victim company bank suffered damage of KRW 10 billion from the Korea Trade Insurance Corporation, and the damage was not recovered at all, and the Defendant appears to have suffered from the Defendant’s normal crime of this case.