beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine both the Defendant and the Prosecutor’s argument regarding the grounds for appeal.
There are extenuating circumstances, such as: (a) the Defendant recognized his mistake and reflects his depth; (b) the Defendant discharged the amount of KRW 62 million out of the amount of fraud; (c) the Defendant was under pressure due to wage payment issues, etc. while operating his business; and (iv) the Defendant did not have any record of having been subject to more severe punishment than the Defendant’s fine.
On the other hand, on the other hand, the crime of fraud of this case is ① by abusing the export credit guarantee system of the Korea Export Insurance Corporation to prepare a false document to be used for a good export company for the purpose of a good export company, and by borrowing it through this, the purpose of the above system, which is the development of the national economy through the activation of the export industry, is to extinguish the purpose of the above system, which is the development of the national economy through the activation of the export industry, and the case is serious; ② the amount acquired by the defendant reaches 300 million won in total; ③ the amount of supply price of the sale and purchase recorded by the defendant is significant; ③ the amount of supply price of the sale and purchase recorded by the defendant is also significant; and other circumstances, which are conditions for sentencing specified in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, etc., the sentencing of the court below is deemed reasonable
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
Article 25 (1) of the Regulations on Criminal Procedure.