The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because each of the punishments (a fine of KRW 4 million is imposed on the Defendants A, and a fine of KRW 5 million is imposed on the Defendants C) declared by the lower court to the Defendants is too uneasible.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court shall respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the lower court determined a punishment against the Defendants by comprehensively taking into account various favorable or unfavorable circumstances, such as the grounds for sentencing as indicated in the judgment, and there is no evidence to acknowledge that there was any special change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment.

In addition, even if examining the defendants' age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the court below is deemed to have exceeded the reasonable scope of discretion, and thus, the prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that it is not reasonable, and ex officio under Article 25 of the Regulation on Criminal Procedure, and the part of the criminal facts [criminal records] in the decision of the court below (section 2, 5, and 12) shall be deleted and corrected.