사기
The judgment of the court below is reversed.
Defendant
A 1-B of the judgment of the court below is sentenced to imprisonment with prison labor for one year for the crime of the first 1-B of the judgment.
1. The summary of the grounds for appeal is that each sentence against the Defendants (Defendant A: 1 year of suspended execution and 2 years of imprisonment and 4 months of imprisonment and 1 year and 6 months of imprisonment) of the lower court is too unreasonable.
2. In light of the following circumstances: (a) the nature of the crime of this case was not somewhat weak; (b) the Defendants agreed to keep the land price received from the victim F until the time of the registration of transfer of ownership; (c) the Defendants used it as personnel expenses, land sales commission, loan repayment, etc.; and (d) the Defendants’ form responding to the demand for return of the victim’s money after the crime was committed; (b) the Defendants recognized and against all the crimes in the first instance trial; and (c) the Defendants were making efforts to recover damage by deposit in the name of the Defendant A in the name of the Defendant, and KRW 20 million in the name of the Defendant B; and (d) the Defendants did not have the record of property crime; and (e) the Defendants did not have the record of the crime of this case; and (e) taking full account of all other circumstances, the Defendants’ age, character, environment, the background and consequence of the crime of this case, and the circumstances after the crime, etc., and the sentencing records and arguments, each sentence against the Defendants is unfair.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is reversed, and the following is again decided after pleading.
[Re-written judgment] The summary of the criminal facts and evidence against the Defendants recognized by this court is as follows: except where the court below’s 15 and 16 acts “J-type K” in Article 35 of the Criminal Procedure Act is deemed to be “K, a student of J,” thereby citing the same as each corresponding column of the court below’s judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. Defendant A who handled concurrent crimes: Criminal Act.