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The judgment below
Part concerning Defendant A and C shall be reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant C.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court against the Defendants (i.e., one year and eight months of imprisonment; (ii) 10 months of imprisonment with prison labor; (iii) 10 months of imprisonment with prison labor; and (iv) 1 year and two months of imprisonment with prison labor) is too heavy or too heavy.
2. Determination
A. Defendant A and C’s fraud amounting to approximately KRW 575 million, KRW 3.2 billion, KRW 3.2 billion, KRW 100 million, and KRW 3.2 billion, and KRW 100 million, some investors still want to be punished by the Defendants, and Defendant A led to the commission of the commission of the crime in collusion with other accomplices.
However, the defendants are both aware of each of the crimes of this case and they are against the principle of good faith; Defendant A has no other criminal history except for the punishment imposed once, and Defendant C has no criminal history; Defendant C appears to have been somewhat passively engaged in the crime of fraud; Defendant A has an additional agreement with 32 investors in the first instance trial; Defendant A has some responsibility to the victims for the economic interest contrary to the common sense; and some investors are deemed to have been paid back to the proceeds in the form of "refus from return" after a significant portion of the investment amount; and other circumstances, such as the defendants' age, sexual conduct, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., are considered to have been subject to the conditions for sentencing as stated in the records and the changed theories. In full view of all the above circumstances, the punishment imposed by the court below against the defendants is heavy.
Recognized.
The Defendants’ wrongful assertion of sentencing is accepted, and the Prosecutor’s argument of sentencing is not accepted.
B. A change in the conditions of sentencing compared with the first instance court of Defendant B and D.