Text
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
(b).
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (the defendant A: 2 years of imprisonment, and the defendant B: 1 year and 6 months of imprisonment) is too unreasonable.
2. Similar to the instant crime, the act of fund-raising, such as the instant crime, is highly harmful to society in that it causes considerable damage to many and unspecified persons for a short time, and the scale of damage caused by the instant crime reaches approximately KRW 560,000,000, but most damage has not been recovered.
However, considering the fact that the Defendants were led to confession, most of the money the Defendants received from the victims appears to have delivered to G, and that the Defendants did not return their money to G, that there was no criminal power against the Defendants, that there was no time to commit any crime, and that the Defendants were detained, and that there was time to reflect. In addition, considering the various circumstances, the lower court’s sentencing is deemed unfair by taking into account the motive and circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, character and conduct, and environment, and the sentencing conditions specified in the instant records and arguments, such as the records and arguments.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Articles 6 (1) and 3 of the Criminal Act, Article 30 of the Criminal Act and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the preceding);
1. Probation;