사기
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
except that this shall not apply.
1. The respective sentence of the court below (Defendant A: 2 years of imprisonment; Defendant B’s imprisonment with prison labor for 1 year and 6 months) against the Defendants in the summary of the grounds for appeal is too unreasonable.
2. The amount acquired by deception from the victim of the judgment is a total of KRW 190 million for Defendant A, Defendant B is a total of KRW 130 million for Defendant B, and Defendant B has a same criminal record for Defendant B, etc., which are disadvantageous factors for sentencing to the Defendants.
However, in full view of the following factors: (a) the Defendants led to the confession of each of the instant crimes in the first instance trial; (b) the Defendants made compensation for damages to the victims in the first instance trial; and (c) Defendant A’s primary offender; (d) the degree of participation in each of the instant crimes was not significant; and (e) the Defendants’ age, sexual conduct, environment; (b) the process and consequence of each of the instant crimes; and (c) the circumstances after the commission of the crimes, etc., the lower court’s sentencing against the Defendants is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled as follows after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 347(1) of each Criminal Act (the fraud of the facts constituting the crime as indicated in the judgment, the choice of imprisonment), Articles 347(1) and 30 of the Criminal Act (the fraud of the facts constituting the crime as indicated in the judgment, and the choice of imprisonment)
B. Defendant B: Articles 347(1) and 30 of the Criminal Act (Options of imprisonment)
1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 201Do148, Apr. 1, 201)
1. The promotion of lawsuits, etc. to file an application for compensation order;