beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
B.
Reasons
1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, and the defendant B: 10 months) declared by the court below is too unreasonable.
2. Determination
A. Defendant A, even if Defendant A, alone or in collusion with Defendant B, borrowed business funds because it is difficult for Defendant A to normally conduct the planned business, by deceiving a victim who was satisfyed at the time of repayment according to the agreement despite the lack of intent or ability to repay the funds, and by deceiving the victim through several times repeatedly during a long period of time. In light of the period of the crime, frequency of the crime, method of the crime, amount of damage, etc., the crime is very heavy, and Defendant A failed to recover the damage to the victim, etc., which is disadvantageous to Defendant A.
However, in full view of the following circumstances: (a) Defendant A led to the confession of the instant crime; (b) the victim was unable to recover from damage; (c) the victim did not have reached an agreement with Defendant A; (d) there was no record of punishment for the same kind of crime; and (e) the Defendant A’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence; and (e) the circumstances after the crime were committed, it seems that the sentence imposed by the lower court is somewhat unreasonable.
B. Defendant B made a confession of the instant crime and reflects his depth, and deposited an additional KRW 5 million to the victim at the court below, and the fact that Defendant B did not have any record of punishment for the same kind of crime is favorable to Defendant B.
However, the amount acquired by Defendant B in collusion with Defendant A is more than 132 million won, and there is no agreement with the victim to the trial of the case. The degree of the participation in the case in Defendant B and other conditions of sentencing, such as Defendant B’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc.