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(영문) 전주지방법원 2016.09.30 2016노492
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of three million won is imposed on Defendant A, Defendant Limited Company B: a fine of one million won is imposed on Defendant A) is too unreasonable.

2. The judgment of Defendant A does not have any past history of criminal punishment or a fine heavier than that of a fine for the same crime, and there are some grounds for taking into account the circumstances leading to the instant crime, etc. in favor of the Defendants.

On the other hand, the crime of this case is a case that the defendants submitted to the Northdo Council prior to the Special Construction Association of the Specialized Construction Association with respect to the financial statements confirmation which falsely increase the capital stock of Defendant limited liability company B over three times, and its quality is not weak. Such a crime is an unfavorable circumstance to the defendants because it impedes the adequate execution of construction works and the sound development of the construction industry by impairing the appraisal of the construction company's execution capacity and the trust in the public announcement system.

In full view of the above circumstances and other factors of sentencing, including Defendant A’s age, sexual conduct, and environment, etc., as seen above, the lower court’s punishment against the Defendants is too excessive and unreasonable. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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