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Defendant
A's appeal is dismissed.
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. 1) The Defendants’ joint crimes (crime No. 2 as indicated in the judgment of the court below) are alleged to have contributed to making an investment in the Government Underground Funds Promotion Project to the victim J.
There is no fact that 600 million won was stolen, and there was no intention to commit fraud.
2) Defendant B’s assertion related to Defendant B’s sole crime (criminal facts in the judgment below No. 3) received KRW 200 million from the injured party and received KRW 70 million from public diagnosis, and received KRW 39 million from air fees, etc. However, KRW 200 million was voluntarily lent by the injured party in consideration of the economic situation of Defendant B, and KRW 39 million was funded by the injured party in the course of promoting his business together with Defendant B. The amount equivalent to KRW 39 million was funded by the expenses of his business to attract USD 100 million, and the public diagnosis was purchased by Defendant B. Defendant B. Defendant B referring to exemption funds, credit gambling, contribution money, business funds, etc., and obtained the above money and valuables by deceiving the injured party, and there was no intention to obtain the above money and valuables.
B. The sentence that the lower court sentenced the Defendants (Defendant A: imprisonment with prison labor for one year, Defendant B: imprisonment with prison labor for one year) is too unreasonable.
2. Determination
A. We examine ex officio the judgment on the part concerning Defendant B’s appeal on the grounds of appeal by Defendant B prior to the judgment on the grounds of appeal.
According to the evidence duly adopted and investigated by the trial court, Defendant B was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on April 20, 2017, and the above judgment became final and conclusive on November 30, 2017.
Defendant
B The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in the judgment of the court below against B and the above crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment for each crime of the judgment of the court below is imposed in consideration of equity