The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A or C shall be punished by imprisonment for four months.

(b).

Summary of Grounds for Appeal

Each sentence of the court below against the defendants (the defendant A: 4 months of imprisonment, the defendant B: 6 months of imprisonment and the defendant C: 4 months of imprisonment) is too unreasonable.

Judgment

Defendant

The fact that the defendant's decision on the argument of unfair sentencing in B recognizes his mistake, and that he deposited the amount of two million won is favorable.

However, there are several criminal records, including the Defendant’s punishment, and the Defendant committed the crime during the period of repeated crime accordingly; the Defendant led the instant crime; the Defendant did not recover the profit acquired by the Defendant (11.5 million won) and did not agree with the victim; and the Defendant did not agree with the victim. In full view of the circumstances of the instant crime, the lower court’s punishment is too unreasonable, taking into account the following factors: (a) the circumstances leading the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age, character and conduct environment; and (d) the Defendant’s argument is not reasonable.

Defendant

A and C’s assertion of unfair sentencing is disadvantageous to the Defendants who have been punished for the same kind of crime.

However, the defendants' mistake is recognized by the court below, and the defendant A deposited 3.5 million won in excess of the amount of profit he acquired, and the defendant C also deposited 4 million won in the same manner. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendants' age, character and conduct environment, etc., the court below's punishment is somewhat unreasonable. Thus, the defendants' assertion is justified.

Therefore, Defendant B’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Since Defendant A and C’s appeal is well-grounded, the part of the judgment below against Defendant A and C’s appeal is reversed pursuant to Article 364(6) of the Criminal Procedure Act.