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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed on Defendant A (two years of suspended sentence in August) by the lower court is too unreasonable.
B. Each sentence to the Defendants of the lower court (Defendant A: 2 years of suspended sentence in August; 2 years of suspended sentence in June; and 80 hours of community service order) on the Defendants of the lower court is too uneased and unreasonable.
2. The instant crime committed by the Defendants, as if they were to have entered into the actual charter contract with accomplices, by deceiving the Defendant from the damaged person the loan by pretending to have entered into the said charter contract. As such, the amount obtained by the Defendants’ participating in the crime is a large amount of fraud, and most damages are not recovered, and the Defendants do not take charge of the lessor and lessee of the false charter contract, and the degree of their participation is not less and less and less
On the other hand, the Defendants led to the confession of and reflect against the instant crime, compared to E, G, H, I, etc., other accomplices.
It is not visible that the profits acquired by the defendants from the crime of this case fall short of the amount of fraud, the defendant A deposited KRW 10 million for the repayment of damage, and the defendants did not have any record of punishment for the same crime, etc. are favorable to the defendants.
In full view of the aforementioned circumstances and other factors of sentencing as indicated in the instant pleadings, such as the Defendants’ age, sexual conduct, environment, the process and consequence of the instant crime, and the circumstances after the commission of the crime, etc., each sentence against the Defendants is deemed appropriate, and thus, it cannot be deemed unfair because it is too excessive or too heavy. Therefore, each of the charges committed by Defendant A and the prosecutor is without merit.
3. As such, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.