특정경제범죄가중처벌등에관한법률위반(사기)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
(q) the remainder;
Summary of Grounds for Appeal
Defendant
A [Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) (Article 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Article 1 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes)) or misunderstanding of the legal principles
In light of the fact that there is no record of criminal punishment for the same crime of unfair sentencing, the punishment imposed by the court below (three years of imprisonment) on the defendant is too unreasonable.
Defendant
In light of the degree of participation in the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (one year of imprisonment and three years of suspended execution) in the judgment of the court below in the judgment of the court below (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the judgment of the court below) and the degree of participation in the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the previous suspended execution (one year of imprisonment and three years of suspended
Defendant
In light of the background leading up to the instant crime, the sentence imposed by the lower court against the Defendant (the 4th provisional crime at the time of original adjudication: imprisonment with prison labor for 6 months and the remaining original adjudication: imprisonment with prison labor for 4 years and 6 months) is too unreasonable.
Defendant
D [The part concerning the crime of paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court below] misunderstanding of facts or misunderstanding of legal principles is merely a mere lending of the name of the purchaser under the condition that the defendant C merely borrowed the land of this case as a security under the condition that he would receive the price by taking the loan of this case, and there is no prior planning or participation in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court below,