사기등
The part concerning Defendant B among the judgment of the court below of first instance is reversed.
Defendant
B A person shall be punished by imprisonment for one year.
Defendant
A.
1. Summary of grounds for appeal;
A. As to the punishment (Defendant A: 2 years of imprisonment; Defendant B: imprisonment with prison labor in one year and six months) of the judgment of the court of first instance (the Defendants), the Defendants are excessively unfasible and the prosecutor is too unfasible and unfair.
B. The second judgment of the court below (Defendant A) asserts that the punishment (9 million won) of the court below (Defendant A) is too excessive and unfair.
2. Determination
A. 1) We examine Defendant A and the Prosecutor’s unfair argument in sentencing with respect to the judgment of the first instance court.
The crime of the judgment of the court below of this case was committed by Defendant A in collusion with Defendant B, by deceiving and receiving 500 million won or more from many victims under the pretext of investment, and the nature of the crime is not less than that of the crime. Defendant A had the record of punishment several times for the same crime, and Defendant A committed the crime of this case without being aware of the period of repeated crime due to the same crime, which is disadvantageous to Defendant A.
However, the fact that Defendant A recognized each of the crimes of this case and against the mistake, that considerable of the funds acquired by Defendant A and received similar money is given to the victims of the first original judgment as dividends, and that the damage to some victims of the first original judgment was recovered, etc. are favorable to Defendant A.
In full view of such circumstances and other circumstances, Defendant A’s age, sex, environment, the background and motive leading up to the instant crime, and all other matters pertaining to the sentencing as indicated in the instant records and arguments, the lower judgment’s punishment is too heavy or it cannot be deemed unfair because it is too heavy.
Therefore, the defendant A and prosecutor's argument of sentencing is without merit.
2) We examine Defendant B’s improper assertion of sentencing with the Prosecutor B and the Defendant B.
Defendant
The fact that B has been punished several times for the same crime is disadvantageous to the defendant.
However, the defendant B divided and reflected his wrongs, and the defendant B.