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The judgment below
The part against the defendant shall be reversed.
Defendant 2 is a crime of high order 3071 which is stated in facts constituting a crime.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (any crime described in paragraph (1) among the crimes listed in the lower court’s order No. 2016 senior group 3071 senior group 3071 senior group 7 months imprisonment and any crime described in the criminal facts listed in the second group 3917 senior group 300 senior group 3 months and 2016 senior group 2340 senior group 8 months) against Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The crime of this case, based on the judgment, is deemed to have committed the crime of this case by deceiving the victims and by deceiving the victims with an amount equivalent to KRW 19.6 million. In light of the period and frequency of the crime and the method of the crime, the criminal liability is heavy, the defendant committed the crime of this case, even though he had been punished several times for the same crime, and the defendant did not agree with the victims, and the circumstances unfavorable to the defendant are recognized.
However, the Defendant’s confession of the instant crime in depth reflects the Defendant’s mistake, that the Defendant does not appear to have used or actually acquired any profit gained from the instant crime, that is, equity with the case of being tried together with a crime of fraud, etc. finalized on July 29, 2016, which became final and conclusive on the judgment on July 29, 2016, and that the facts constituting the instant crime at the highest order 3071, supra, are as follows: (a) equity with the case of being tried together with a crime of fraud, etc. finalized on April 9, 2013; (b) equity with the case of being tried; (c) the facts constituting the instant crime at the highest order 3917, supra, need to consider equity with the case of being tried on May 12, 2014, together with the case where the judgment became final and conclusive; and (d) it is deemed that the lower court’s age, sex, environment, etc., would be too unfair, as the Prosecutor’s assertion against the Defendant.
3. Thus, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.