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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The main point of the grounds for appeal is that it is improper for the court below's respective punishment (one year of imprisonment with prison labor for Defendant A and six months of imprisonment for Defendant B) to be too unreasonable.
2. Determination
A. Determination of Defendant A’s wrongful assertion of sentencing is against the Defendant A’s confession of each of the crimes of this case, and the said Defendant has no record of the same kind of crime in addition to the crime for which the judgment has become final and conclusive, and each of the crimes of this case by the said Defendant is in the relation of concurrent crimes after Article 37 of the Criminal Act with the crime of fraud for which judgment has become final and conclusive, and at the same time, should consider the equity
However, in this case, the above defendant could induce the victim N to install a steel structure in connection with the new church construction by deceiving the light engineering of the victim corporation, and did not pay part of the price, or in collusion with B to supply the Korean funeral hall exclusively to the victim N.
It is a disadvantage to the fact that it is not good to the nature of the crime by deceiving the money by deception, and that the total amount of damage caused by each of the crimes of this case is KRW 1,90,000,000, or the damage of the victims is not recovered.
In addition to the above circumstances, the above defendant was unable to normally complete the Corporation due to the lack of technology from the victim's side in relation to the crime of fraud related to the new establishment of the church.
However, there is no evidence to objectively recognize the above defendant's assertion in addition to the above defendant's assertion, and the above defendant is liable to B in relation to the fraud crime related to the delivery of funeral hall. However, the victim was involved in the delivery of cremation with the introduction of the above defendant, and the amount of the down payment paid by the victim was discussed by the above defendant, and the down payment was deposited into the above defendant's account, and the amount of the down payment was arbitrarily used by the above defendant.