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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor and fines of 20,000,000,000.
Reasons
1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: Imprisonment with prison labor for a year and six months and fines for a fine of KRW 40 million; Defendant B: imprisonment with prison labor for a period of six months) declared by the lower court is excessively unreasonable.
2. We examine the reasoning of appeal. The crime of this case is not less than the nature of the crime in light of the content and method of the crime, the risk of serious consequences, etc., and it appears that the defendants sold the products related to the volume of KRW 1.2 billion due to the crime of this case. Defendant A appears to have led the crime of this case, and Defendant B had been punished two times for the same crime, which is disadvantageous to the defendants.
However, the defendants recognized the crime of this case from the investigative agency to reflect their mistakes, Defendant A did not have any record of criminal punishment except for the punishment twice for the crime of this case; Defendant B appears to have participated in the crime of this case under the direction of Defendant A; Defendant A has made efforts to recover social trust, such as donating the amount equivalent to criminal proceeds from the crime of this case to the children, juveniles, etc. of the vulnerable class; and in addition, considering the defendants' age, sex, behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, degree of actual acquired criminal proceeds, criminal records, family relations, economic circumstances, etc., each of the punishments imposed by the court below to the defendants is somewhat unreasonable. Thus, Defendant A's assertion is justified.
3. In conclusion, the part of the judgment below against the Defendants is reversed, and the pleading is conducted, under Article 364(6) of the Criminal Procedure Act, since the Defendants’ appeal is well-grounded.