사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, this judgment is delivered against Defendant B.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment by each of the Defendants) is too unreasonable.
2. Determination is based on the following circumstances: (a) the amount of damage caused by the instant crime exceeds KRW 154.6 million; (b) the victim did not agree with the victim; and (c) Defendant A led the instant crime and led Defendant B, who is the birthee, participated in the instant crime; and (d) the amount of profit gained therefrom is relatively large.
However, for the first time, the Defendants recognized the Defendants’ crime of late late and reflect on the crime, the first offender, and the Defendants did not reach an agreement, but deposited KRW 50 million, which is part of the Defendants (each of the Defendants, KRW 25 million), the circumstances that may be taken into account in the course of committing the crime, and Defendant B’s relatively passive participation in the crime, and taking account of the Defendants’ age, sex, environment, family relationship, and equity with the punishment in the same and similar cases after committing the crime, the lower court’s punishment is deemed unfair on account of the following circumstances.
We accept the defendants' unfair arguments in sentencing.
3. As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 347(1) and 347(1) of the Criminal Act and the choice of punishment against the crime (the Defendants)
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Defendant B of the community service order: The order is made in consideration of the various sentencing conditions stated in the above judgment of the reasons for sentencing under Article 62-2 of the Criminal Act.