Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment for Defendant A) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: Imprisonment with prison labor for a year and six months, Defendant B: imprisonment with prison labor for a year, one year of probation, two years of probation, and 80 hours of community service) imposed by the lower court on the Defendants is too uneasible and unreasonable.

2. Determination

A. Defendant A’s appeal and prosecutor’s appeal against Defendant A did not invest his own funds (Evidence Nos. 133 and 236 pages) and carried out a business of crushing aggregate by borrowing the victim’s house as collateral. As a result, Defendant A did not obtain a license for the business of crushing aggregate from the Pacific City, and intended to transfer the proceeds and distribute the proceeds of transfer, but did not use the proceeds of transfer for personal purposes and did not inform the victim at all.

The crime of this case is committed in a way that the amount of transfer, etc. is different from that of another double contract, and the defendant embezzled the difference of transfer amount in a planned manner and is not suitable for such crime.

Even though the amount of damage in this case exceeds KRW 200 million, the damage was not completely recovered, and there seems to be less possibility of recovery in the future.

Until the trial of the party, the victim wanted to punish the defendant's severe punishment.

On the other hand, the defendant has no record of being punished beyond the same kind of crime or fine.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the lower court’s punishment cannot be deemed too heavy or unreasonable.

Therefore, the defendant A and the prosecutor's argument are without merit.

B. Defendant A tried to run a business of screening and crushing the victim and aggregate while operating the F business, and thereafter, Defendant B tried to run a business of screening and crushing the victim and aggregate.