beta
Text
All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendants (Defendant A: imprisonment of one year and six months; imprisonment of one year and one year, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.
B. The above sentence of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.
2. Determination
A. The circumstances favorable to the Defendant, such as the fact that the Defendant recognized all of the instant crimes, and the fact that there is a dependent family member, etc., and the so-called “de-opener” crime of this case was committed in the corporate form using three member stores by forging the franchise store registration certificate and the business report certificate of the store, and the amount of loan funds is not less than 500 million won, and the Defendant is not less than 500 million won, and the Defendant was sentenced to 2 years of suspended execution in October and 9 November 2010 for the violation of the Specialized Credit Financial Business Act at the Daegu District Court on September 8, 2009, which was sentenced to 10 years of imprisonment with prison labor for the violation of the Specialized Credit Financial Business Act and 1 year of suspended execution in June, 2010, even if the same court committed again the instant crime, and considering the circumstances unfavorable to the Defendant, such as the Defendant’s age, environment, occupation, family relationship, etc., the sentence of the lower court is too less or unreasonable.
Therefore, the above argument by the defendant A and the prosecutor is without merit.
B. The facts favorable to the defendant, such as the fact that the defendant's participation in the crime of "finite tin" in this case appears to have not been significant in profits from the defendant's participation in the crime of forgery of documents, the fact that the defendant is the first offender, all of the crimes of this case, the fact that there are dependents, and the fact that there are dependents, etc., and the crime of "finite tin" in this case is a business form by forging the franchise store's business registration certificate and the business report certificate, and