사기
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment of one year and four months, and by imprisonment of two years and six months, respectively.
1. The summary of the grounds for appeal (defendant A: Imprisonment with prison labor for one year and six months; imprisonment with prison labor for three years; confiscation for three years) of the lower court is too unreasonable.
2. The facts that the applicable law of the instant crime is organized and planned, and that the amount of fraud is larger than KRW 100 million in total, and that the damage was not recovered, and that there was no agreement with the victim, that there was a record of having been punished several times due to the same crime as the Defendant A, and that Defendant B committed the instant crime during the period of repeated crime, and that there was a record of having been sentenced several times due to the same crime, etc., that are disadvantageous to the Defendants.
On the other hand, the defendants recognized the crime of this case for the first time and divided their errors, and the degree of participation in the crime of this case is minor compared to the defendant A.
It can be seen that in the case of Defendant B, considerable time has passed after the final sentence was sentenced, the conditions favorable to the Defendants are favorable to the Defendants.
In full view of the above circumstances and other conditions of sentencing as stated in the records, such as balance of sentencing with the same kind of case, the age of the Defendants, family relations, sex conduct, environment, motive of the crime, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.
Therefore, the above assertion by the Defendants is justified.
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.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;
1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;
1. Defendant B: Article 48(1)1 of the Criminal Act.