사기
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of three million won.
Defendant
B.
The main reasons for appeal are as follows. The punishment of the lower court (for each of the Defendants, four months of imprisonment, one year of suspended execution, one year of community service, 40 hours) against the Defendants is too unreasonable.
Judgment
A. In light of the following circumstances: (a) Defendant A conspired with Defendant A to make a judgment on the unfair argument of sentencing; (b) the amount acquired by deception from the damaged person is up to KRW 30 million; (c) Defendant A ordered the inducing of investment funds as the representative director of the Plaintiff D Co., Ltd.; (d) Defendant A paid the damages to the victim in full at the lower court to the effect that the victim withdraws the complaint; (e) the victim has no record of punishment for the same kind of crime; and (e) KRW 30 million paid by the injured person was used as an agency for obtaining the technology innovation development project of the Small and Medium Business Administration; and (e) other favorable factors such as Defendant A’s age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc.; and (e) the recommended range of sentencing guidelines (one to one year), the sentence of the lower court is too unreasonable.
Therefore, Defendant A’s argument of sentencing is without merit.
B. In full view of the fact that Defendant B committed the instant crime according to the direction of Defendant B, and that the amount of damage was fully repaid to the victim at the lower court, the lower court’s punishment against Defendant B was unreasonable.
Therefore, Defendant B’s argument of sentencing is justified.
Thus, the appeal by Defendant B is reasonable, and the part concerning Defendant B among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by Defendant A is again decided as follows after pleading. Since the appeal by Defendant A is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all shown in the judgment of the court below.