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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. Determination of the crime of this case is an unfavorable circumstance where the crime of this case is committed by making the best payment of the share capital of the company operated by the defendant and making it recorded in the register of the above company, and it is completed by using it to complete the registration of the construction business.
However, it is favorable that the defendant has no criminal record in the same way and has no record of punishment exceeding fine.
In addition, comprehensively taking into account the circumstances indicated in the records, such as the Defendant’s age, sex and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unfortunate and thus it cannot be deemed unfair.
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.