특정범죄가중처벌등에관한법률위반(13세미만약취ㆍ유인)
The judgment of the court below is reversed.
Defendant
B Imprisonment for five years, for three years, for Defendant C, and for two years, for Defendant A.
1. Summary of grounds for appeal;
A. 1) Defendant B, C, and CA’s Indonesia travel (hereinafter “Indonesia travel”) of the Victim K (hereinafter “Indonesia travel”) was not caused by Defendant B, C’s deception, or suspicion with the intent to demand money by viewing the said victim, but was merely caused by the victim’s participation in the Indonesia travel plan that became known of the Defendants’ children. Thus, the Defendants enticed the said victim for the purpose of money.
subsection (b) of this section.
B) On October 24, 2017, the Defendants received KRW 150 million from the victim M, the amount of KRW 50 million from October 24, 2017, which was 50 million, means “Defendant B suffered a big loss from the victim M’s ships,” and the amount of KRW 100 million received on October 30, 201 was merely borrowed in relation to the Defendant B’s business.
Defendant
C At the time of borrowing the above money, no speech was made to the victim M with respect to the safety of the victim K.
Therefore, the Defendants acquired KRW 150 million by taking advantage of the concerns about the safety of minors’ M.
subsection (b) of this section.
C) As to the crime of Defendant B, on October 31, 2017, which did not return the above victim’s return to the victim K on the scheduled date of return, Defendant C conspired with or did not share the execution of the crime with respect to the part of Defendant C’s crime that “I would not pay money to the victim M.” on November 1, 201 of the same year.
Therefore, Defendant C is not jointly responsible for the above crime committed by Defendant C.
Even if part of the participation in the crime is recognized, it is nothing more than aiding and abetting by cancelling the flight machine list.
2) Defendant A did not share the act of execution with respect to the facts charged in the instant case, and thus, Defendant A is not liable for aiding and abetting.
B. The sentence that the court below sentenced against the Defendants (Defendant B and C: 5 years of imprisonment, Defendant A: 2 years and 6 months of imprisonment, and suspended execution.