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Defendant
A's appeal is dismissed.
Defendant
The judgment of the court below against B shall be reversed.
Defendant
B Fine 2,00.
Reasons
1. Summary of the grounds for appeal;
A. Defendant A filed a report on the change of share certificates on November 201, 2012 on the basis of the date on which the share certificates are changed, taking into account the legal defect of the right to claim the return of shares.
I would like to examine these circumstances that the defendant reduced the amount of fine not much.
B. Although Defendant B was a representative director, there was no fact that he received benefits or participated in the management of the company, but he was involved only in the decision of favor and decision on the contract as a member of the board of directors.
Defendant
A is deemed to be responsible for management, and it is not known at all about the violation of obligation.
In full view of these circumstances, it is necessary to take measures.
2. Determination
A. In full view of the circumstances favorable or unfavorable to Defendant A’s judgment and other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character, behavior, career, family relationship, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, etc., the lower court’s punishment is too unreasonable, even if it is considered that the aforementioned Defendant’s grounds for appeal are too unreasonable.
B. Defendant B’s judgment on Defendant B did not have a high degree of participation in the crime, but Defendant B expressed his intention to not punish the above Defendant at the trial.
In addition, considering the circumstances and age favorable or unfavorable to the above defendant, character and behavior, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, etc., the lower court’s punishment is deemed unreasonable. Thus, the above Defendant’s assertion of unreasonable sentencing is reasonable.
3. In conclusion, Defendant A’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that there is no ground for appeal, and Defendant B’s appeal is reasonable.