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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of KRW 10 million.
Defendant .
Reasons
The summary of the grounds for appeal by Defendant A (unfair sentencing) is too unreasonable. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
Defendant
B In the request of A, the Defendant: (a) introduced AD with expertise in accepting a company in the United States; (b) had a place of business in the Republic of Korea; and (c) had received necessary documents from AD from A to deliver them to A without opening the envelope containing the documents; and (d) did not know at all about the content of the documents.
In the end, the defendant did not intend to commit a crime with A as to the false entry of the original copy of the process deed.
The punishment of the court below (4 months of imprisonment) which is unfair in sentencing is too unreasonable.
The prosecutor's (unfair sentencing) sentence against Defendant B by the lower court is too unfluent and unfair.
Judgment
Defendant
According to the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts B, the defendant committed a crime such as false entry in the original copy of the deed in collusion with A rather than merely served as a role of delivering documents to A.
It is reasonable to view it.
(1) The defendant acquired a U.S. company from AD to attract foreign capital at an investigative agency after opening a domestic branch office after obtaining advice from AD.
(f) a statement.
As the Defendant and A planned in advance to establish the above U.S. corporate acquisition or domestic branch office, the Defendant and A had the appearance of the above U.S. corporate establishment, and was the preparation process to pretend to attract a large amount of foreign capital from the above company to the U.S. H stock company, etc., and in the overall process, the Defendant and A had a close cooperation.
② In this process, A acquired U.S. companies and established JJ as a domestic branch, and upon the direction of the defendant, at the order of the defendant, the defendant is represented H Co., Ltd.