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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant was served with the appellate court on December 14, 2012 after receiving a written notification of the receipt of the trial record from the lower court on December 14, 2012, it is recognized that the Defendant did not submit the grounds for appeal within 20 days from the deadline for submitting the lawful grounds for appeal, and the petition of appeal does not contain the grounds for appeal, and the grounds for ex officio examination on the records are not found.
Therefore, in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, an appeal shall be dismissed by a ruling against the defendant. However, as seen below, inasmuch as a judgment is rendered through pleadings on the appeal against the defendant by the prosecutor, the dismissal of the appeal shall not be separately decided, and the appeal shall be dismissed by a universal judgment. It is so decided as per Disposition
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the sentence of the lower court (a fine of eight million won) is too unhued and unreasonable.
B. There are many kinds of criminal records against the Defendant, and the crime of this case is committed against the Defendant, such as the fact that the criminal was committed during the period of repeated crime due to the same crime, and that the victim did not recover from actual damage.
However, the circumstances favorable to the defendant, such as the fact that the defendant submitted the written withdrawal of complaint by agreement with the victim, that the health of the defendant is not good, that the defendant was not used for personal interest, such as the use of the funds obtained through deception as the operating expenses of the company, that the defendant divided and reflected his mistake, cannot be taken into account. In addition, in light of the circumstances leading to the crime in this case, and all the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, criminal method, and circumstances after the crime, etc., the court below's decision against the defendant.