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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment for a period of two years and four months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A(1) to misunderstanding the facts or misapprehension of the legal principles, the amount of damage that Defendant A received from Co-Defendant B is limited to KRW 27,770,000 out of the total amount of damage KRW 580,000,000, and the remaining amount was committed without notifying the Defendant, and was used thereafter by Defendant B.
Nevertheless, the lower court, on the premise that the Defendant is the principal offender, sentenced the largest sentence among the other co-defendants.
(2) The lower court’s sentence (two years and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. Defendant B (1) misunderstanding of facts or misapprehension of legal principles, and each fraud at the end of 20 to 25, and 27 each time of the crime table (1) in the original judgment is merely an individual transaction unrelated to deception. ② The above inundation table [1, 2, 10], 6, 17 [6, 17], 3, 14, 15], 4 [12, 18, 28], 9, 16, 30 [9, 16, 30], the victims of fraud in each series of the series of the series of crimes in the first instance judgment are the same victims as their parents and their spouses, and ③ the victims were the same person, and the victims were the same person, and their names were changed due to the number of frauds during 35 years and 38 years, ④ the two different dates of frauds and the two different dates of frauds, and the two different dates of frauds by each of the two parties.
(2) The sentence of the lower court (two years of imprisonment) against an unfair defendant in sentencing is too unreasonable.
(c)
Defendant
C (Unlawful Sentencing) The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.
(d)
The lower court’s punishment (defendant D: one year of imprisonment with prison labor and two years of suspended execution) against the Defendants is too uneasy and unreasonable.
2. The lower court found Defendant A, B, and D guilty of only KRW 300,00 as of January 21, 2014, and on February 7, 2014, as to the second facts charged in conspiracy with Defendant A, B, and D, which were 560,700 won in total from V, at the end of 25 times in the List of Crimes (1) of the lower judgment.