Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Summary of Grounds for Appeal

A. The lower court’s punishment against Defendant A (a fine of KRW 7 million) is too unreasonable.

B. The lower court’s punishment against the Defendants by the prosecutor (a fine of KRW 7 million) is too unhued and unreasonable.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, there is no change in the conditions of sentencing compared with the first instance court, and it is reasonable to respect the sentencing of the first instance court where it does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the punishment by comprehensively taking into account the circumstances favorable to the Defendants and the unfavorable circumstances as indicated in its reasoning, including the circumstances that led to each of the instant crimes, and the circumstances alleged by Defendant A as the grounds for appeal, including the circumstances alleged by Defendant A as the grounds for appeal, and the fact that the nature of each of the instant crimes was bad, are already reflected in the sentencing process of the lower court, and it is difficult to find any changes in the special sentencing conditions that

In full view of the various circumstances, such as the Defendants’ age, character and conduct, environment, family relationship, health status, criminal records and the contents thereof, attitude in the investigation agency and the court, the nature of the crime, the amount of defraudation and the means and consequence of the crime, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against Defendant B is too weak as it goes beyond the reasonable scope of its discretion, or it is not deemed that the lower court’s punishment against Defendant A is too weak or unreasonable.

In conclusion, each appeal against the Defendants by the Defendants A and the Prosecutor is without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.