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The judgment below
Part concerning Defendant B, D, and E shall be reversed.
Defendant
B Imprisonment with prison labor of 10 months, and Defendant D.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. In light of the circumstances such as the fact that Defendant A is against the Defendant, the sentence of 10 months sentenced by the lower court is too unreasonable.
B. In light of the circumstances such as the fact that Defendant B is against the Defendant, the amount of profit that the Defendant acquired is merely 11,000,000 won out of the amount of defraudation 1,00,000 won, and the fact that it is scheduled to pay damages, the punishment for one year of imprisonment sentenced by the lower court is too unreasonable.
C. In light of the circumstances such as the fact that Defendant C is against the Defendant, the gain acquired by the Defendant is only KRW 55,000,000 out of KRW 192,00,000,000, and deposit KRW 5,000 for the victim, and the primary offender, the punishment for one year and six months sentenced by the lower court is too unreasonable.
Defendant
D In light of the circumstances, the punishment for 8 months sentenced by the court below is too unreasonable, in light of the fact that the defendant is against nature, only one person who has been punished by a fine, and the fact that he must support his family.
E. In light of the following circumstances: Defendant E is against the Defendant; the amount of profit acquired by the Defendant is merely 12,200,000 won out of the amount of fraud of this case; the Defendant deposited 12,500,000 won at the lower court for the victim; additionally deposited 3,000,000 won at the lower court for the victim; there was no record of punishment for the same crime as this case; and the Defendant must support his family including children suffering from developmental disorder; the sentence for six months, which was sentenced by the lower court, is too unreasonable.
F. In light of the circumstances such as the fact that the defendant F is against the defendant, the amount of profit that the defendant acquired is merely 30,000,000 won out of the amount of defraudation 125,00,000 won, and is scheduled to pay damages, the imprisonment of two years sentenced by the court below is too unreasonable.
2. Determination
A. Defendant A makes a confession of an offense.