beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Defendant
B.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment with prison labor for one year and four months, and Defendant B: one year) is too unreasonable.
2. Determination
A. The fact that the sum acquired by Defendant A from victims reaches KRW 390 million in total, and that considerable part of the amount of damage has not been recovered is an unfavorable element for sentencing.
However, the defendant has no record of being punished as a crime of the same kind; the victim J expressed his intention of not to punish (W, which expressed his intention of not to punish in the original trial, has been reversed in the original trial); the victim S expressed his intention of not to punish in the original trial; and the damage has been partially recovered (the victim J has fully repaid the damage to the victim W, transferred part of the part of the land in the Gyeonggi-do Yangyang-gun AO, and repaid the total amount of KRW 21,034,640 (see evidence 3,4) to the victim W, and transferred a part of the above land to the victim S; the defendant transferred the above land to the victim P and the crime of fraud to the victim at the original trial; the defendant is recognized as both the victim P and the crime of fraud at the original trial; considering the defendant's age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the judgment of the court below is unreasonable.
B. There are extenuating circumstances, such as the fact that Defendant B had no record of punishment for the same crime before the instant case, the fact that the instant crime was recognized and against the victim, the fact that the investigative agency or the lower court expressed the victim’s intention not to punish, and the fact that the damage was partially recovered in the lower court’s judgment [a total of KRW 49,80,000 to the victim P, and a total of KRW 2,60,000 to the victim S], and the fact that it is necessary to take into account the equity in the case where the case is to be tried at the same time as the previous crime in the lower court’s judgment.
However, the sum of the money obtained by the defendant from victims is 29.0 million won.