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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (unfair sentencing) is too unreasonable (two years of suspended sentence in October, and one hundred and twenty hours of community service).
B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.
2. The judgment of the court below recognizes all criminal facts and reflects the criminal facts, and takes into account the equity with the case where the defendant was tried at the same time as the previous conviction in the judgment of the court below. On the other hand, the crime of this case is connected to the criminal act of Bosing with severe social harm, which in itself does not fit the quality of the crime. The defendant, even though he was well aware that it was used for the criminal act of Bosing, created and transferred a 23-time access medium by establishing a floating corporation, generated and transferred a total of 23 times access media, using the access media transferred by the defendant, and other various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, and the equality of punishment with accomplices, etc., all of which are the conditions for sentencing as indicated in the records, are examined, and therefore, the defendant and the prosecutor's assertion is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
[1] Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”) provides that the requirements for maintaining eligibility of one of the largest shareholders of a financial company shall be examined as to whether the relevant person violates the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Punishment of Tax Evaders Act, and other relevant Acts and subordinate statutes prescribed by Presidential Decree. Article 32(6) of the Act provides that concurrent crimes involving violations of the Acts and subordinate statutes prescribed in paragraph (1) and other offences shall be punished.