사기
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
Defendant
A.
1. The summary of the grounds for appeal (e.g., both forms of punishment) in the original judgment (e.g., imprisonment of one year, and imprisonment of 10 months) is too unreasonable.
2. Determination
A. It is reasonable to take into account the following circumstances: (a) the Defendant’s judgment on the Defendant A recognized the instant crime and divided his mistake in depth; and (b) the fact that equity should be considered with the case of sentencing a judgment at the same time as the first head of the judgment in the lower judgment.
However, in light of the fact that the Defendant was sentenced to punishment for the same kind of crime, and that the defrauded did not pay damage even if the amount of money exceeds KRW 170,000,000,000, etc., there is no particular change in circumstances to change the sentencing after the judgment of the court below, and other various sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below against the Defendant is too unreasonable.
B. The determination of Defendant B on the crime of this case is about KRW 170 million, and the fact that the Defendant committed the crime of this case at another time during the period of repeated crime that the Defendant should be sentenced to punishment for the same kind of crime.
However, in light of the following: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the equity should be taken into account when a judgment is rendered simultaneously with the first head as indicated in the judgment of the lower court; and (c) the fact that the victim additionally repaid part of the amount obtained by the victim in the trial to the victim and the victim does not want the punishment of the Defendant is favorable to the Defendant; and (d) other various sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence against
3. Conclusion, Defendant A’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless, and Defendant B’s appeal is dismissed.