Defendant

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

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: a fine of KRW 5 million, Defendant B: a fine of KRW 3 million) of the lower court is too uneased and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court judgment on the sole ground of the difference between the view of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, there is no change in the conditions of sentencing compared with the lower court on the grounds that new sentencing data were not submitted in the trial, and there is no change in the conditions of sentencing compared with the lower court on the grounds for sentencing as stated by the lower court and all the conditions of sentencing as shown in the records and arguments of this case.

3. In conclusion, the appeal by Defendant A and the appeal by the prosecutor against the Defendants are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.