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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year and four months.
Defendant
B, .
Reasons
1. Grounds for appeal by the Defendants
A. In light of the fact that Defendant A is against the Defendant, and Defendant A was involved in the instant crime due to W’s suspicion, but did not know the seriousness or overall size of the crime, and was the first offender, and the amount of profit acquired by the Defendant is merely 15.4 million won, the punishment for one year and six months sentenced by the lower court is too unreasonable.
B. In light of the fact that Defendant B is obliged to maintain a livelihood and support his family members, and that the gains acquired by the Defendant through the instant crime are merely KRW 10 million, etc., the punishment for six months sentenced by the lower court is too unreasonable.
C. In light of the fact that Defendant I is against the Defendant, that he was involved in the instant crime to maintain the livelihood of the Defendant’s family, that he was required to care for his family, and that the benefits acquired by the Defendant from the instant crime are merely 18 million won, etc., the punishment of 8 months of imprisonment sentenced by the lower court is too unreasonable.
2. Determination
A. Considering the fact that the amount of damage suffered by Defendant A reaches KRW 833,00,00,000, the crime of this case is committed by multiple persons, and the method of the crime of this case is also committed by obtaining money from financial institutions after preparing false documents, such as lease contract, etc., and the crime is inferior, and Defendant A, as a licensed real estate agent, performed the role of creating a false lease contract in the crime of this case and recruiting a lessor, etc., the degree of his participation cannot be deemed to be somewhat weak, it shall be deemed that a sentence of punishment is inevitable for Defendant A.
However, the fact that the defendant has no record of punishment, that the defendant is against the defendant, that the profit acquired by the defendant from the crime of this case seems to be significantly less than the victims' amount of damage, and that the defendant has reached the trial.