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The judgment below
Among them, the part against Defendant A (excluding the part of rejection of an application for compensation order) shall be reversed, and compensation order.
Reasons
1. The summary of the grounds for appeal (for defendant A, 8 years of imprisonment and confiscation, defendant B: fine of KRW 10 million) of the lower court is too unreasonable.
2. Determination
A. Each of the crimes of this case with Defendant A committed the crime of this case with multiple persons from around September 2007 to August 2012, each of the following facts: (a) Defendant A established a distributor in collusion with multiple persons for about five years; (b) supplied a product on credit from a trader; and (c) sold the product to another distributor; and (d) committed the crime repeatedly over a considerable period of time against multiple victims by means of a "brination" method without paying the credit payment to the supplier; and (b) Defendant A committed the crime with a view to 4.3 billion won in total; (c) Defendant A did not repay most of the damage amount; (d) Defendant A had been punished three times for the same crime (one-year imprisonment, one-time suspension of execution of imprisonment, one-time suspension of execution of imprisonment, and one-time fine).
However, in light of the following circumstances: (a) Defendant A agreed with seven victims (a total of KRW 270,000,000,000) at the trial; (b) Defendant A and AW-related crimes (a total of KRW 1,700,000,000,000) around 209 among each of the instant crimes; (c) it appears that the degree of Defendant A’s participation was not much weighted; and (d) Defendant A both committed the instant crimes and reflects Defendant A’s perception in depth; and (e) Defendant A’s age, character and conduct, environment, motive and circumstance of the instant crime, method and method of the crime, circumstances after the crime, equity with accomplices, etc., were considered as favorable circumstances in favor of Defendant A; and (e) it is determined that the lower court’s punishment is somewhat unreasonable.
Therefore, Defendant A’s assertion is justified.
B. The judgment of Defendant B on each of the instant offenses against Defendant B is final and conclusive.