Text
The judgment below
The part against the Defendants is reversed in entirety.
Defendants shall be punished by imprisonment for one year and two months.
Reasons
1. Summary of the Defendants’ grounds for appeal: Unfair sentencing
2. Determination on the grounds of appeal (1) is the first offender, (2) the Defendants were the confessions of the crime of this case when they were in the first instance, (3) the Defendants did not have any substantial amount of profit in light of the degree of the commission of the crime, (4) there are circumstances to take into account the circumstances leading up to the commission of the crime in the case of Defendant A, and (5) the victims in the case of “the case of “the case of the case of the case of the case of the security loan against an unregistered apartment,” since all of the victims obtained the right to collateral security in an unsold apartment as a financial institution, they are deemed to have been recovered to a certain extent. 6) Examining the details and the crime of this case, 6) the method and method of the crime of this case, the degree of the Defendants’ participation, the circumstances after the crime, the amount of the money acquired, the degree of damage suffered by the victims, 7) other various sentencing factors indicated in the arguments and the records of this case, such as the age and occupation of the Defendants, personality and behavior, family relationship
3. Accordingly, the part of the judgment below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleading, since all appeals by the Defendants are well-grounded.
[D. The court below's judgment (the part on defendant A and E' in the judgment of the court below)] The criminal facts and the summary of evidence against the defendants, which are recognized by the appellate court, are all the same as the corresponding columns of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent legal provisions relating to criminal facts: Articles 347(1), 30 (Fraud Points), and 151(1) ( point of delivery) of the Criminal Act; Defendant E: Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act;
1. Aggravation of concurrent crimes: