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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not invite Co-Defendant A to commit the instant crime with the lower court.
B. The sentence of the lower court (two months of imprisonment, one year of suspended execution, and additional collection) is too unreasonable.
2. Determination
A. The court below's decision 1 on the assertion of misunderstanding of facts or misunderstanding of legal principles 1) The defendant and A found the defendant and A as joint principal offenders of the crime of this case by taking into account the following: (a) the defendant and A have failed to file a marriage report in order to maintain A's single-parent family benefit (such as residence in rental house, etc.) due to de facto marriage; (b) A has registered business at the time of opening a business and changed A's business registration to the defendant to maintain income conditions; (c) A has made a statement that he has earned profits equivalent to KRW 2 million per month under the monthly salary name; and (d) the defendant and A have been in charge of the business of this case by employing employees such as the head of a day office, etc. as joint operators; and (b) the court below's decision on the judgment of the court below is just and acceptable; and there is no error of law of misunderstanding of facts or
This part of the defendant's assertion is not accepted.
B. Determination on the assertion on unreasonable sentencing is for a long period of not less than one year, and the Defendant and A do not have a considerable amount of profit acquired from the instant crime, etc. are disadvantageous to the Defendant.
On the other hand, there is no criminal history of the defendant, and there is no record of criminal punishment exceeding the fine, which is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and circumstances after the crime, etc., the Defendant’s assertion of unreasonable sentencing is not recognized as being too unreasonable since the lower court’s punishment is too unreasonable.