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The judgment of the court below is reversed.
Defendant
A Imprisonment for eight months, Defendant B’s imprisonment for four months, and Defendant C’s fine for 4,00.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of August, the imprisonment of June, the suspended sentence of two years, and the fine of KRW 5,00,00) is too unreasonable.
2. In light of the circumstances and methods of each of the instant crimes, the fact that the nature of the crime is not good, and the number of times the Defendant A acquired by deception or embezzled or that the amount is not considerable, etc. are disadvantageous to the Defendants.
However, the defendants showed the attitude of recognizing and opposing all the crimes of this case. At the investigative agency and the lower court, the defendant A repaid to the victim's Jeju Special Self-Governing Province and the Jeju Special Self-Governing Province Sports Association a total of KRW 4,574,00,000,000 for the total amount of damage caused by the crime of fraud and occupational embezzlement. At the trial court, the defendant A repaid the victim's damage amounting to approximately KRW 2,527,00,00 for the total amount of damage caused by the crime of fraud to the victim Seopo-si Sports Association, and eventually recovered from damage. Prior to this case, the defendant B had no record of criminal punishment more than the suspended sentence than twice, and the defendant C had no record of criminal punishment. In full view of the defendants' age, character and environment, the motive and circumstance of each crime of this case, the means and method after the crime, circumstances after the crime, and the degree of participation in each crime, etc., the judgment below is somewhat inappropriate.
Therefore, the Defendants’ assertion of unreasonable sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.
[C] The summary of criminal facts and evidence against the Defendants recognized by this court is identical to the description of each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.