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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 not less than eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. In full view of the following facts: (a) Defendant A was in a mother and child relationship with Defendant A who directly committed deception; and (b) the above Defendant borrowed money from the victim even before the instant case and was in preparation of a loan certificate, it is recognized that the said Defendant acquired money by deceiving the victim in collusion with B.
2. Determination
A. As to the Defendant B’s assertion of unfair sentencing, the instant crime is not sufficient to commit the crime by deceiving the victim and defrauding the victim a total of KRW 90 million.
However, in full view of the following: (a) Defendant B shows the attitude of recognizing and opposing all of his criminal acts; (b) the Defendant agreed with the victim in the first instance; (c) the Defendant has no criminal record of the same kind and suspension of execution or more; and (d) the Defendant’s age, character and conduct, environment, details and contents of the crime; and (e) other various circumstances, which are the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the lower court
Therefore, the above defendant's assertion is justified.
B. As to the Prosecutor’s assertion of mistake of facts and misapprehension of legal principles against Defendant A, Defendant A in this part of the facts charged was a person who operated “E” in Mosung City D, and Defendant A’s mother, who was aware of the fact while holding a fraternity meeting with the Victim F.
Defendant
A, along with B, borrowed KRW 100 million from the victim on March 30, 207 for the business fund of Defendant A, and thereafter borrowed KRW 50 million on March 30, 2009, KRW 15 million on June 30, 2009, KRW 210 million on July 28, 2010, KRW 80 million on July 28, 2010, and KRW 16,000 on November 16, 2010, however, the business became worse from March 2012 to the extent that the rent is not paid.
In such a situation, the defendant A lends money to the victim B.