사기등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
except that this shall not apply.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentence (2 years of imprisonment with prison labor for Defendant A and 5 million won for Defendant B) is too unreasonable.
2. Determination
A. Although there are unfavorable circumstances, such as the fact that the amount of damage caused by Defendant A’s fraudulent act is not a large amount, the fact that Defendant A did not restore to its original state on the crime of violation of the Aggregate Extraction Act, the fact that Defendant A recognized all of the instant criminal acts in the first instance court, the fact that there was an agreement with victims of the crime of violation of the Labor Standards Act in the first instance court, the fact that the court below deposited KRW 30 million for victims of the crime of violation of the Labor Standards Act in the first instance court, and agreed to deposit the additional amount of KRW 20 million in the first instance court, and agreed with the victims of the crime of violation of the Aggregate Extraction Act, the agreement was made with the victim of the crime of violation of the Act, the fact that the Defendant submitted a guarantee of payment for recovery expenses to the competent authority in relation to the crime of violation of the Act of Aggregate Extraction, and the fact that the Defendant submitted a guarantee of payment for recovery expenses to the competent authority in consideration of the Defendant’s age, sex, environment, motive, means and result of the crime, etc.
B. In light of the fact that Defendant B did not complete the Defendant B’s restoration work, and the motive and background leading up to the instant crime, the circumstances after the commission of the crime, and other various conditions of sentencing as indicated in the record, the lower court’s sentence against Defendant B is too unreasonable. Thus, the above assertion by Defendant B is without merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by Defendant A is reversed, and it is again decided as follows. Since the appeal by Defendant B is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.