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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.
Defendant .
Reasons
The Defendants appealed from the lower court’s sentence (Defendant A: Imprisonment with prison labor for a year and June, Defendant B: a fine of KRW 4 million) on the ground that it is too unreasonable.
Defendant
In the case of A, it is more than KRW 180,000,000 and the damage recovery has not been almost rarely.
On the other hand, Defendant A lent the land owned by the victim as collateral with the husband, but it was difficult to repay the debt due to the lack of business, and it was a crime by dolusent intention to pay the debt. In the first instance court, the husband with certain income agreed in the manner that he/she guaranteed the debt to the victim and promised to pay the debt in installments, and the victim does not want the punishment of Defendant A. The fact that Defendant A erred and did not have criminal records is the first offender who did not have criminal records.
Defendant
In the case of B, the amount of defraudation is not 19 million won, but 4 million won out of it was repaid and agreed with the victim by promising the installment repayment in the court. Defendant B also commits a crime with dolusent intention, which is a criminal by negligence, and is the first offender who has no criminal history.
In addition, considering various sentencing conditions indicated in the instant case, such as age, health, sex, environment, and circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable, and thus, the Defendants’ assertion is reasonable.
The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable, and the judgment below is again ruled as follows.
Criminal facts
The summary of the judgment of the court below is as shown in the corresponding column.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 347(1) of the Criminal Act; each choice of imprisonment
B. Defendant B: Article 347(1) of the Criminal Act (mainly) and Article 1.1.