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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case against Defendant B, the crime on May 17, 2012 (attached Form No. 7-11 in the judgment of the court below) committed on May 17, 2012, among the facts charged in the instant case against Defendant B, has no functional control over the act after Defendant B was arrested.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding of facts and misunderstanding of legal principles.
B. The sentence (Defendant A: imprisonment with prison labor for two years, Defendant B: imprisonment with prison labor for one year and six months) imposed by the lower court on the Defendants’ assertion of unreasonable sentencing is too unreasonable.
2. Determination:
A. As to Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles, the court below rejected this part of the assertion under the title “the judgment on Defendant B and his defense counsel’s assertion” in the judgment of the court below, which states that Defendant B is the same as the grounds for appeal in this part. In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable, and even if considering all the circumstances alleged by Defendant B as the grounds for appeal and the witness A’s legal statement, it cannot be deemed that there was an error of mistake of facts and misapprehension of legal principles as alleged by Defendant B in the judgment of the court below.
Therefore, we cannot accept this part of Defendant B’s assertion.
B. As to the Defendants’ assertion of unfair sentencing, the instant fraud crime is an intelligent fraud crime by the so-called “Sishing,” which receives money from the victims by calls from many and unspecified domestic persons, and takes money from the victims, and the damage is very poor and the damage is spreading. Therefore, it is highly necessary to strictly punish the persons who participated in the instant crime; the sum of the defraudeds in the instant case is not KRW 97.5 million; and the victims are the victims.