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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
except that this shall not apply.
Reasons
1. The summary of the reasons for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor for Defendant A and one year and six months of imprisonment for Defendant B) is too unreasonable.
2. The total amount of damage acquired by the Defendants exceeds KRW 217,654,00,00; the Defendants received additional loans as security after the conclusion of the sales contract without notifying the victims of the establishment of the right to collateral security on the instant housing site; and the Defendants wanted to punish the Defendants with severe punishment.
However, there are extenuating circumstances, such as that the Defendants reflects their mistakes, and make efforts to recover damage by depositing KRW 270,00,000 for the victims, Defendant A is the primary offender, Defendant B has no record of criminal punishment exceeding the fine, and Defendant B has no record of criminal punishment. In addition, comprehensively taking account of all the sentencing conditions, including the Defendants’ age, sex, environment, motive, means and consequence of the crime, the sentence of the court below is too unreasonable.
3. As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Relevant Articles 347 (1) and 330 of the Criminal Act: Defendants who choose to commit the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);