사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
However, this judgment is delivered against Defendant B.
1. The summary of the reasons for appeal is that the respective punishment of the court below (Defendant A: one year of imprisonment, and Defendant B: eight months of imprisonment) is too unreasonable.
2. The crime of this case is established that the defendants conspired to obtain 100 million won from the victim E and the case is not less severe in light of the amount of damage, etc., Defendant A wanted to punish Defendant A because the victim failed to reach an agreement with the victim up to the trial. Defendant A had been punished twice due to the same crime, and in particular, on May 30, 2013, Defendant A committed the same crime during the suspended execution period after being sentenced to a suspended sentence of two years for a punishment of fraud at the Busan District Court on October 2013, which became final and conclusive on June 8, 2013.
However, in full view of the following circumstances: (a) Defendant A recognized the instant crime from the court below to the court below; and (b) Defendant B recognized the instant crime at the time of the trial; (c) paid KRW 120 million to the victim E in the trial; and (d) Defendant B recovered from damage by paying KRW 120 million to the victim E; and (c) Defendant B did not want to be punished by Defendant B; (d) there was no past record of criminal punishment other than those subject to punishment on two occasions; and (e) the Defendants’ age, health, family relationship, environment, relationship, motive and background leading up to the instant crime; (e) method and consequence of the instant crime; and (e) the circumstances before and after the instant crime; and (e) other various circumstances, which are the conditions for sentencing as shown in the records and arguments, it is deemed unfair to deem that each sentence imposed by the court below to the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the core of the evidence.