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The judgment below
The guilty part (including the part not guilty) shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (a prison term of three years, a surcharge of two hundred thousand won) is too unreasonable.
2. The crime of this case was committed in a large amount of money by which the Defendant 5,00,000 won, in total, reaches 291,300,000 won from 5,000,000 won from 1,000,000 won from 5,000,000 won from 1,000,000 won from 2,000 won from 5,000,000 won from 1,000 won from 1,00,000 won from 2,000 won from 2,00
However, in full view of the following facts: (a) the Defendant made confession of his/her crime when he/she was in the trial; (b) the said person did not want to punish the Defendant; (c) the Defendant did not have the same criminal records; and (d) other factors of sentencing as indicated in the argument of the instant case, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the statement of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; hereinafter the same shall apply), Article 7 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 201; hereinafter the same shall apply), Article 1-A(1) of the original adjudication, Article 1-B(1) of the original adjudication, and Article 1-C(2) of the former Act on the Aggravated Punishment, etc.