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The part concerning the crime No. 2 of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant 1.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance judgment: 7 months of imprisonment and 7 months of imprisonment, and 1 year of imprisonment) is too unreasonable.
B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this court tried two cases of appeal by combining the two cases of appeal by the defendant. The second crime of the judgment of the court of first instance, which was jointly tried in the trial, and the second crime of the judgment of the court of second instance, shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, since the part concerning the second crime of the judgment of the court of first instance and the second judgment of the court of second instance cannot be exempted from all reversal.
3. Of the judgment of the court below in the first instance, it appears that the defendant recognized his mistake and against all the judgment of the court below on the allegation of unfair sentencing regarding the crime No. 1 in the judgment of the court below. The defendant's crime in this part is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on September 25, 2010 and Article 37 of the Criminal Act, and thus, it is necessary to consider equity with the case of being tried at the same time. The defendant's payment of approximately KRW 30 million out of principal to the victim B is favorable circumstances, or the amount obtained by deception against the victim B is equal to KRW 100,000,000,000, not agreed with the victim until five years have passed after the crime in this case. Considering all kinds of sentencing conditions in this case such as the defendant's character and behavior, environment, environment, circumstance and result of the crime in this case, the defendant's assertion that the sentence of the court below is too unreasonable.
4. Conclusion.