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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants explained that there was an accident in the case of a high-class vehicle with low prices, and selected the instant vehicle by itself, the victim himself/herself, and the Defendants fulfilled the duty to explain in the sale of used cars. Since the Defendants merely did not make a discount but sold at the market price of the relevant vehicle, the Defendants conspired to do so and did not deceive the victim, the lower court erred by misapprehending the fact that the Defendants conspired to do so, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s punishment against the illegal Defendants (a fine of KRW 3 million) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the court below also argued that the Defendants were the same as the assertion of mistake of the above facts, and the court below rejected the Defendants' assertion by providing detailed reasoning for its determination. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the Defendants' assertion of mistake of facts is without merit.
B. As to the wrongful assertion of sentencing, it is recognized that the Defendants agreed with the victim and the victim did not have any punishment for the Defendants, and that there was no record of punishment other than the previous criminal records or fines. Meanwhile, considering the method and content of the deception in this case committed by the Defendants in collusion with the Defendants engaged in the used car sales business and the size of the amount obtained by deception, etc., the crime is not less weak, but the degree of participation in the crime in the crime in this case is the employees of the Defendant A, but the degree of participation in the crime in the crime in this case is not less unfavorable compared to the Defendant B, the Defendants did not stimulate the Defendants from denying the crime up to the trial, and the Defendants’ age, sexual behavior and environment, and the crime are committed.