사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
provided that this ruling has become final and conclusive.
1. The sentence of the lower court against the Defendants (two years of imprisonment for each of the Defendants A, B, and two years and two of imprisonment for each of the Defendants C) is too unreasonable.
2. In full view of the following facts: (a) Defendant A and Defendant B did not have been punished for a considerable amount of million won in the original judgment; (b) Defendant C deposited KRW 15 million in the original judgment; (c) Defendant C deposited KRW 15 million in the original judgment; (d) Defendant C agreed with the victim; (c) Defendant A was the mother of Defendant B; (d) Defendant A was to support 318,002,80 won in the payment of an amount equivalent to 318,000 won in the name of the victim; (e) Defendant A was responsible to disrupt economic order; and (e) Defendant A was not subject to punishment heavier than the previous judgment and fine; and (e) Defendant C deposited KRW 15 million in the original judgment; and (e) Defendant C deposited KRW 18,40 million in the trial; and (e) Defendant A agreed with the victim; (e) Defendant A was the mother of the victim; and (e) the age, character, and family environment of the Defendants.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions on criminal facts and the choice of sentence A, B: Articles 347(1), 30 (Fraud point), 352, 347(1), and 30 (Attempted Crime) of the Criminal Act; Article 70(1)2 of the Specialized Credit Finance Business Act; Article 30 (1) of the Criminal Act; Article 30 (1) of the Criminal Act; Article 347(1), 30 (1), and 30 (Fraud point), Articles 352, 347(1), and 30 (Attempted Crime) of the Criminal Act; Article 70(1)2 of the Specialized Credit Finance Business Act; Article 70(1) of the Specialized Credit Finance Business Act.