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The judgment of the court below is reversed.
Defendant
A and C shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles with the belief of C that the Defendant owns 1/2 shares in each of the lands of this case and filed the lawsuit of this case, and did not have awareness of deceiving the court, the judgment of the court below which found the Defendant guilty of attempted fraud is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The punishment of the Defendant against the lower court of unfair sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.
B. Defendant C1) misunderstanding of facts is erroneous in the misapprehension of facts in the judgment of the court below which found the Defendant guilty of attempted fraud, despite the fact that the same business contract with the victim K still remains valid and that the Defendant did not have awareness of deceiving the court. 2) The sentence against the Defendant (one year and six months of imprisonment, and two years of suspended execution) against the lower court is too unreasonable.
B. The Prosecutor’s sentence against the Defendants (Defendant A: one year and six months of imprisonment; three years of suspended execution; one year of imprisonment; two years of suspended execution; one year of imprisonment and one year of suspended execution; one year and six months of suspended execution; and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. Before the judgment of the court below on the ground for appeal on the part A of the judgment of the court below on the ground of ex officio decision, Defendant A was sentenced to imprisonment with prison labor for a crime of fraud, etc. on November 19, 2014, and the judgment became final and conclusive on May 1, 2015. Since the crime of attempted fraud and the above crime of fraud, etc., which became final and conclusive in the judgment of the court below on the Defendant, are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to which the judgment of the court below is concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the sentence on the crime of attempted fraud in the judgment of the court below should be imposed in consideration of equity in sentencing in cases where the judgment is
3. The defendant.