사기
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and two months.
(b).
1. The decision of the court below (one year of imprisonment for Defendant A, and two years of imprisonment for Defendant B) on the summary of the reasons for appeal is too unreasonable.
2. Determination
A. The fact that Defendant A’s damage amount to KRW 300 million is unfavorable to the Defendant.
However, since there was no previous conviction for the defendant since 2000, the defendant paid a total of KRW 300 million to the victim for the first time, such as additionally compensating the victim for the total of KRW 160 million, the victim does not want the punishment of the defendant, the defendant recognizes and reflects his fault, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, the motive and consequence of the crime, etc., are considered equally, the sentence of the court below against the defendant A against the defendant is too unreasonable, and therefore the defendant's argument is reasonable.
B. Defendant B’s damage amounting to KRW 349,80,000,000 is an unfavorable circumstance to the Defendant.
However, in light of the fact that the defendant has no record of punishment for the same kind of crime, the victim's damage was restored to a considerable part as in the above paragraph (a) above, the defendant's mistake was recognized and reflected by all of his mistake, and other circumstances mentioned in the argument in this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the court below's punishment against the defendant B is too unreasonable, and therefore, the defendant B's assertion is also justified.
3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is relevant to each of the judgment below except for the alteration of the Defendants’ respective legal statements to “each of the Defendants’ respective legal statements” as “each of the Defendants’ respective legal statements.”