Text
Of the judgment of the first instance, the part on Defendant B is reversed.
Defendant
B A person shall be punished by imprisonment for not more than four months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendants B, C, and D (misunderstanding of facts or legal principles) were subject to punishment, and the Defendants, who were not responsible for common principals, do not constitute a person subject to punishment who is liable for false description or representation of half-yearly or quarterly reports as stipulated in Articles 44 subparag. 13(e) and 160 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Market Act”).
In addition, the Defendants do not induce Defendant A to commit a crime, but merely assist Defendant A, who has already been willing to perform the window dressing accounting, with some of the help of Defendant A. Therefore, the Defendants cannot be held liable to commit a crime of violation of the Capital Market Act.
2) The instant real estate transaction agreement cannot be deemed false. ① The instant real estate transaction agreement received legal advice at approximately KRW 7,875 of the business site in the U Housing Site Development Project District (hereinafter “the instant real estate”); ② according to legal advice and advice, Defendant A entered into a monetary consumption lending agreement with respect to the issuance of an original copy of a certificate of security deposits for secured stocks; ④ The directors of L Co., Ltd. (hereinafter “L”) opposed to the conclusion of the instant real estate transaction agreement; ⑤ the preparation of a review report on feasibility with a large amount of expenses to receive investment; ⑤ related civil judgments over three times, the instant real estate transaction agreement was not supported by the assertion that the instant real estate transaction agreement was false; and ② the content of e-mail sent by Defendant A to Defendant B or the content of a record submitted by V, etc., the instant real estate transaction agreement was not prepared in order to actually implement the real estate development project.
B. The sentence sentenced by the first instance court (unfair sentencing) of Defendant A (hereinafter imprisonment with prison labor for four months) is too unreasonable.
(c)
Each sentence sentenced to the first instance trial (unfair sentencing) by the prosecutor (defendants.).