Text
Defendant
All appeals filed by D and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant D’s imprisonment (two years of imprisonment, additional collection of KRW 1.7 billion) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the prosecutor (Defendant D: imprisonment of 2 years, additional collection of 1.7 billion won, Defendant A, B, C, and E: Imprisonment of 6 months, suspended execution of 2 years, and community service 120 hours) is deemed unreasonable.
2. Determination
A. The instant crime was committed in a planned and organized manner with regard to Defendant D’s appeal and the Prosecutor’s appeal against Defendant D, and in particular, Defendant D is a company’s overall responsibility for technology-related organizations, and the degree of participation is very serious, and Defendant D again committed the instant crime even though it was under the suspended execution after having been sentenced to a suspended execution due to the same kind of crime, etc., which is disadvantageous to sentencing.
However, the fact that the defendant is against the crime of this case, while he was living in the Philippines for two years, he voluntarily surrenders himself and entered the Republic of Korea, and was relatively cooperative in the investigation, and that he voluntarily submitted to the investigation agency the concealed criminal proceeds of one billion won, and that he voluntarily submitted the criminal proceeds of one billion won to the investigation agency is favorable in sentencing.
Considering the above Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. in favor of the aforementioned unfavorable circumstances, it is not deemed that the sentence imposed by the lower court is too light or heavy to the extent that the sentence imposed by the lower court should be reversed.
The Prosecutor and Defendant D’s assertion of unreasonable sentencing are without merit.
B. The Prosecutor’s appeal against Defendant A, B, C, and E is a crime that is planned and organized by the instant crime, and that is disadvantageous to the nature of the crime by promoting speculation.
However, Defendant A, B, C, and E are against the instant crime, and their degree of participation is relatively not much severe, and Defendant A only has a criminal record of fines due to the instant crime prior to 10 years, and Defendant B, C, and E are the primary offenders in sentencing.