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(영문) 대구지방법원 2018.04.06 2018노321
건설산업기본법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The act of making the best payment of the stock price and making it entered in the commercial registration system and operating the commercial registration system in which the above contents are stored is a crime that may endanger the foundation of the company’s capital system to promote the loyalty of capital and protect the interests of the interested parties through buffer functions of capital, and the fact that the crime is not good is unfavorable to the defendant.

However, considering the fact that the defendant has no record of criminal acts in the same way, and that 100 million won out of the shares withdrawn thereafter has been returned to the defendant as favorable to the defendant, and taking into account all the conditions of sentencing as shown in the arguments in this case, such as the circumstances in this case, the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, etc., the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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