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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. (1) misunderstanding of facts in the judgment of the court below. Paragraph (1) (A) of Article 1 of the Criminal Act stated in the judgment of the court below, Defendant A did not make a statement as to the facts charged to the victim, and only transferred it to the victim with the belief that it is possible to register the correction of the JJ forest (hereinafter “instant land”) at the time of Pakistan. As such, there is no fact that
(B) Defendant B (1) After receiving a request from the victim to inquire whether it is possible to register the correction of the land of this case, Defendant A believed the horses of Defendant A that it is possible to register the correction, and only introduced Defendant A to the victim.
② The Defendant issued a full amount of KRW 100 million on the check received from the victim to Defendant A in cash, and thus, there is no benefit in the instant case.
(2) Article 2 (2) (Defendant A) of the facts constituting an offense in the judgment of the court below does not state the victim's words such as the statement in the facts charged, trusting L's words that the victim can win in the lawsuit for correction of the family register, and only transferred them to the victim, so there is no fact of deceiving
B. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of two years, additional collection of KRW 87 million, Defendant B: imprisonment of one year and six months, additional collection of KRW 33 million) is too unreasonable.
2. Determination on the grounds for appeal
A. (1) The judgment on the assertion of mistake of facts in the judgment of the court below (1) is based on the evidence duly adopted and examined by the court below and the court below, and the following circumstances acknowledged by these evidence: (i) if the defendant A did not make a statement as to the facts charged, as alleged by the defendant A, there is no reasonable ground for the victim to pay the amount of KRW 100 million to the defendants; and (ii) the defendant A believed the word of L which can be registered for correction, but in the past, there is a history of punishment for the violation of the Attorney-at-Law Act by the defendant A along with L.