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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., imprisonment of one year and six months / Defendant B: imprisonment of one year and eight months) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion, it is recognized that the lower court’s punishment is unreasonable even if considering the aforementioned circumstances favorable to the Defendant, such as the Defendant’s age, background, and circumstances after the crime, etc., comprehensively taking account of the following: (i) the confession of the instant crime; (ii) the Defendant deposited KRW 2 million for the victim; (iii) the victim was not punished; and (iv) the Defendant did not have any record of having been punished for the same kind of crime. (ii) However, the Defendant, in collusion with H and I, acquired the victim’s money in a planned and organized manner; (iv) the amount of fraud by the Defendant involved is 625,300,00 won; and (v) the amount is large; and (v) other circumstances that form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, details of the crime
3) Therefore, the above argument by the Defendant is without merit. (B) As to the Defendant’s assertion, the Defendant is recognized as having led to the confession and rebuttal of the instant crime, and the victim did not want the punishment of the Defendant.
2) However, in full view of the following circumstances: (a) the Defendant, in collusion with H and I, acquired the victim’s money in a planned and systematic manner; (b) the amount of the defraudeded fraud committed by the Defendant is KRW 7 million, which is considerable; and (c) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, etc., even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable. Therefore, the Defendant’s above assertion is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered as per Disposition.