Text
The judgment of the court below is reversed.
Defendant
A and B shall be sentenced to one year and six months of imprisonment, Defendant C shall be sentenced to eight months of imprisonment, and Defendant D.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in case of Defendant A: one year and six months of imprisonment; one year and six months of confiscation; Defendant C: imprisonment with prison labor for eight months and confiscation; Defendant D: imprisonment with prison labor for ten months and confiscation) is too unreasonable.
2. In light of the fact that the Defendants appeared to have committed an unlawful act by themselves, and that the Defendants did not have any benefit from the crime of this case; that the Defendants did not want to punish the Defendants when they were in the first instance trial; that the victims did not want to have the Defendants punished; that the Defendants were detained for a considerable period of time; that they had the time to reflect; and that other various sentencing conditions in the records and arguments of this case were considered, the lower court’s punishment 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 as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: “A part of Defendant A’s legal statement” as “A’s legal statement of 1.1; and “A part of Defendant B, C, and D’s legal statement of 11” as “A’s legal statement of 1.1.1.1. and each corresponding column of the judgment of the court below is the same as that of Defendant B, C, and D’s legal statement” under Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49(4)1 and Article 6(3)1 of the Act on the Electronic Financial Transactions in question, Article 30 (a) of the Criminal Act, Article 347(1) and Article 32(1) of the Criminal Act, concerning the facts constituting an offense (a point of aiding and abetting fraud) of the relevant Act;
1. Defendants A, B, and C of ordinary concurrence: Articles 40 and 50 of the Criminal Act (only between violations of the Electronic Financial Transactions Act committed on the same day);
1. Selection of each sentence of imprisonment;
1. Article 32(2) of the Criminal Act for mitigation of aiding and abetting.