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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 six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. Defendant A made a confession of the instant crime, and the facts of the first head of the instant crime as stated in the judgment of the court below, which became final and conclusive, are all the crimes committed by Defendant A in a concurrent relationship under the latter part of Article 37 of the Criminal Act due to the Defendant A’s management of the money borrowed and the concurrent crimes under the latter part of the latter part of Article 37 of the Criminal Act, which should be considered at the same time in consideration of the following facts: (a) the sum of the amount obtained through the instant fraud is the maximum amount of KRW 70 million in favor of the Defendant A; (b) the victims of the instant case did not reach an agreement; and (c) other various circumstances, which are the conditions for sentencing, such as Defendant A’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence, and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee
B. In full view of various circumstances, including Defendant B’s age, character and behavior, environment, motive, means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, the sentence imposed by the court below is too unreasonable, and thus, Defendant B’s assertion is too unreasonable.
3. In conclusion, Defendant A’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that there is no reason to do so, and the part concerning Defendant B’s appeal is with reason for Defendant B’s appeal.