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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment for a period of ten months.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by Defendant A and C (unfair sentencing) by the lower court (a fine of KRW 6 million is imposed on Defendant A, Defendant C: imprisonment with prison labor for one year, a suspended sentence of two years, and community service for 80 hours) is too unreasonable.
B. Defendant B (misunderstanding of facts and illegal sentencing) 1) The Defendant took part in the instant crime while training R from around February 2016 to March 2016 after R committed suicide. The crime committed before March 2016 was committed by R, and the Defendant did not take part in it.
Therefore, the lower court found the Defendant guilty of this part of the charges on the following grounds: (a) there was no fact that the Defendant was involved in the event of false entries, such as a record of public records on the Nos. 1 through 6 of the List of Crimes No. 1 to 6, among the charges charged against the Defendant; and (b) there was no fact that there was an electronic record of false entries.
2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
(c)
Defendant
D. The Defendants were unaware of the fact that there was no actual vehicle transferred under Defendant B’s name. The Defendants did not know at all that there was no vehicle transferred under Defendant B’s name. The Defendants did not know that there was no actual existence of a vehicle transferred under the name of Defendant B.
Therefore, the Defendants did not have intention to enter false facts in the public electronic records and to register the automobile rental business by illegal means using a non-existent vehicle.
2) The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.
2. Determination on the grounds of appeal by Defendant A and C
A. Motor vehicles to recognize and reflect the instant crime, and to conduct a motor vehicle rental business.