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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
Summary of Reasons for appeal
A. Each sentence of the lower court against the Defendants (Defendant A: 10 months of imprisonment, Defendant B: 6 months of imprisonment) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.
Judgment
The crime of this case was committed on the Internet website by deceiving the total amount of KRW 8,350,00 won by posting a letter that the defendants sell golf products, etc., and the defendant A acquired KRW 1,618,00 won by himself, and the defendant B acquired KRW 6,510,000 by the above manual, and used it by taking over the access media under the other person's name in the process, and in light of the circumstances of the crime, frequency, amount of fraud, etc., the criminal liability is heavy, and the defendants did not make any effort to recover the victims' damage, and the defendants committed the crime of this case several times, which is punished by the same kind of crime, while the defendants committed the crime of this case during the period of repeated crime or the period of suspended execution.
However, the circumstances favorable to the Defendant are also recognized, such as the Defendants’ confessions of all the instant crimes and reflects in depth the mistakes, and the Defendants’ family members appear to have relatively clear social ties, such as the Defendant’s efforts to keep up their wife against the Defendants, etc.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, where there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the above recognized Defendants can be changed after the sentence of the lower court.