Text
The judgment of the court below is reversed.
Defendant
A Imprisonment of 2 years and 2 months, Defendant B, and Q, respectively, shall be punished by imprisonment of 10 months, and Defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B, and Q (unfair sentencing): The lower court’s punishment is too heavy.
B. Defendant G (misunderstanding of facts and improper sentencing): The Defendant did not participate in an event, such as an electronic record for the establishment of a false corporation, in collusion with Defendant A and B, such as an electronic record for the establishment of a false corporation, and an electronic record for false entries.
The sentence of the court below is too heavy.
2. Determination
A. Defendant A, B, and Q (unfair sentencing)’s respective frauds committed by each of the Defendants (hereinafter “Defendant A”, “B”, “Defendant Q”, “C”, “C”, “C”, “C”, “C”, “C”, “C”, “C”, and “P”, were considerably restored.”
The nature of crime is bad in light of the method of crime by planned and repeated crimes.
Defendant
A has led to crimes, and there are many benefits from crimes.
Defendant
B, according to Defendant A’s instruction, the degree of participation is not somewhat weak.
Defendant
A is a crime committed during the period of repeated crime due to the same crime.
However, the defendants are fully aware of the crimes and are against the law.
Defendant
A distributed part of the amount of damage to a lender with the nominal owner of the loan, and the defendant B distributed the profits from the crime by the defendant A, there is a difference between the damaged amount and the profits of the defendants.
Defendant
B does not have the same criminal record.
Defendant
Q is an initial crime and a social relation is publicly announced. Defendant A and B were sentenced to a suspended sentence of one year of imprisonment and two years of imprisonment with prison labor for each of the following reasons: (a) Defendant A and B committed in the course of committing the instant fraud; and (b) Defendant A and B were sentenced to a suspended sentence of two years of imprisonment with prison labor; and (c) equity with the case where the instant fraud was punished together with the crime for which the said judgment became final
In addition, in full view of all the sentencing conditions in the records of the instant case, including the Defendants’ age, sex, family relation, environment, motive and method of crime, and circumstances before and after the commission of crime, the sentence imposed by the lower court to Defendant A, B, and Q is too unreasonable.
Therefore, the argument that Defendant A, B, and Q's sentencing is unfair is with merit.
B. Defendant G (misunderstanding of facts, etc.)