The judgment below

Of those, the part as to Defendant B is reversed.

Defendant

B A. fine of 1,500.

1. The main points of the grounds for appeal are as follows: each sentence of the lower court against the Defendants (two million won by each fine) is too unreasonable.

2. Determination

A. We examine the reasoning of Defendant A’s appeal, and examine the following: (a) the crime of this case is not less than the nature of the crime; and (b) there is no special change in sentencing conditions compared with the original judgment; (c) the circumstances, means and result of the crime of this case; (d) the circumstances after the crime of this case; (e) the age, occupation, sex, and environment of Defendant A; and (e) the various sentencing conditions specified in the records and arguments, including the circumstances after the crime of this case; and (e) the lower court’s punishment against Defendant A is unreasonable; and therefore,

B. We examine Defendant B’s appeal ex officio prior to the judgment on the grounds of appeal.

According to Article 276 of the Criminal Procedure Act, if the defendant is not present, the court shall not revise it, and according to Articles 27 and 28 of the same Act, the representative represents the litigation, and if there is no representative, the special representative appointed by the court shall perform the duties of the representative.

Therefore, when the defendant is a juristic person, the representative or special representative shall be present and the amendment shall not be made without his attendance. However, another representative may be present pursuant to the proviso of Article 276 of the Criminal Procedure Act, but according to Article 126 of the Regulation on Criminal Procedure, when a juristic person intends to have his/her representative attend, a document proving the granting of the power of attorney must be

According to the records of this case, the court below acknowledged the following facts: (i) Defendant B’s representative director E is the E; (ii) Defendant B’s representative director was not present on the trial date of the court below; and (iii) Defendant B was present at the court of original instance as the representative of Defendant B’s corporation; (iv) Defendant B was not present at the court of original instance, but the document certifying the granting of the power of attorney to Defendant B was not presented to the court of original instance