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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of one year and six months.
(b).
Reasons
1. The gist of the prosecutor’s appeal (unfair sentencing) committed fraud by selecting and repeatedly committing the crime subject to the crime in a systematic and consistent manner; the Defendants led the crime by organizing the “Ssing” organization of the instant “Sing”; in particular, Defendant B provided the motive for the crime to be involved in the crime and prepared the facilities and means to be used for the crime, and there is a need to strictly punish the “Singing” crime which occurred frequently; in light of the following: (a) Defendant A was sentenced to imprisonment for a period of three years and probation observation; (b) community service order and confiscation for 120 hours; and (c) Defendant B was sentenced to imprisonment for a period of three years and probation observation; and (d) probation order and confiscation for 120 hours and for one year and six months; and (e) community service order and confiscation for 120 hours or more; and (e) each sentence of the lower court, which sentenced Defendant B, is unreasonable.
2. We examine ex officio the reasons for ex officio appeal prior to the judgment.
According to the records, on February 18, 2016, after the sentence of the lower judgment, the Defendants were sentenced to a suspended sentence of three years for each of six months of imprisonment with prison labor, and the said judgment became final and conclusive on February 26, 2016.
However, the instant fraud and attempted fraud against the Defendants should be determined after considering the equity between the cases where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act and the mitigation or exemption of punishment, in the relationship between the crime of fraud for which judgment has become final and conclusive and the concurrent crimes after Article 37 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the defendants' criminal facts and the summary of the evidence is criminal facts.