Text
All the judgment below is reversed.
Defendants shall be punished by imprisonment for two years.
except that from the date this judgment becomes final and conclusive.
Reasons
1. The main points of the grounds for appeal are as follows: (a) the lower court’s punishment for each of the Defendants (four years of imprisonment) is too unreasonable.
2. In light of the content of the instant crime that the Defendants, as shown in the lower court’s reasoning, had been punished for the same kind of crime as the instant case, by deceiving the victim over a long-term period, and obtained by deceiving the victim the total of KRW 390 million, as well as the quality of the crime in light of the criminal facts of this case.
However, in light of all the facts of each of the crimes of this case that the Defendants denied in the court below, and they reflect their mistake in depth, and they agreed with the victim in the first instance trial, as well as the fact that the victims seeking benefits through an act of without delay with the awareness of the substance as a religious person are partly responsible for the expansion of damage, and other factors of sentencing specified in the records and arguments of this case, such as the defendants' age, character and behavior, family environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too 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 well-grounded, and the judgment below is also ruled as follows.
【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for the addition of the defendants' statement in the first instance court, '1.'
Application of Statutes
1. Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts
1. Defendants on probation: Article 62(1) of the Criminal Act