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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
Reasons
1. The summary of the grounds for appeal asserts that the defendants' excessive and unfair with respect to each sentence (two years of imprisonment, one year and six months of imprisonment) declared by the court below against the defendants (the defendant A and one year and six months of imprisonment) and the prosecutor argues that it is too unfeasible and unfair.
2. We examine both the Defendants and the Prosecutor’s assertion of unfair sentencing.
The Defendants’ participation crime is committed in a planned, systematic and intelligent manner against many unspecified persons by misrepresenting to a financial institution or public institution. It is not only to harm a large number of people, but also to harm a large number of people, such as undermining trust in financial institutions or public institutions, and promoting a reliance on society as a whole, and thus, it is highly likely that the role of the participants or personal gains are not significant. It is also necessary to punish the Defendants even though they suffered considerable damage to the elderly victims due to the instant crime in which the Defendants participated, but most of the damage still has not been recovered.
These circumstances are recognized as disadvantageous to the Defendants.
However, the defendants showed an attitude against the defendants to recognize the crime of this case, and the benefits derived from the crime of this case are not relatively large, and the victims do not want to be punished by the above defendant's agreement with the victim's full repayment of part of the damages suffered by the victims, and the defendant Eul merely connected the defendant A with the Chinese general responsibility and appears not to participate in the specific act of implementation. In light of the favorable circumstances such as the defendants' age, character and behavior, environment, degree of participation, amount of fraud, the amount of money obtained, the circumstances before and after the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the records and arguments of this case are inappropriate.
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