사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 8 months, and Defendant D.
1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, ten months of imprisonment, two years of suspended sentence of ten months, two years of suspended sentence of community service, two years of suspended sentence of community service order 200 hours, and two years of suspended sentence of August) is too unreasonable.
2. The judgment of Defendant A and B obtained approximately KRW 62 million by deceiving Defendant A, B, C, and D by using a credit card from the victimO and not paying the price, and by making false documents and making it unclear the possession relationship of the commercial building, thereby hindering the execution officer’s performance of official duties by deceptive means, thereby hindering the enforcement officer’s execution of delivery of real estate for a long time, and the nature of the crime committed by Defendant B, who acquired approximately KRW 27 million from the victim Y under the pretext of borrowing money, is not easy, and Defendant B was sentenced once to the suspension of the execution of imprisonment with labor for the instant crime and damage to official duties, and Defendant B was sentenced once to a fine due to damage to the seal on official duties, and there is a need for strict punishment against the Defendants.
However, the defendants are committed, and the victim'sO does not want to be punished against the defendant A at the trial of the court below, but the defendant Eul did not want to be punished against the defendant A at the trial of the court below, the victim Eul did not want to be punished against the defendant Eul at the investigative agency of the court below, the defendant Eul is the husband of the defendant Eul, the defendant Eul took part in the crime as the investor of the defendant Eul, the defendant C and D did not have a criminal record of being punished for the same crime, and all kinds of sentencing conditions shown in the arguments of this case, such as the age, sex, environment, etc. of the other defendants.
3. Accordingly, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the Defendants’ appeal is reasonable.