Text
All appeals by the Defendants are dismissed.
The judgment below
The second parallel " May 3, 2018" shall be construed as " May 4, 2018."
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (such as six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and two years of suspended sentence) is too unreasonable.
2. The Defendants made a confession of the instant crime when the judgment on the grounds of appeal was made in the trial, and the Defendants’ confessioned the instant crime in the lower trial, and the Defendants did not want the punishment against the Defendants by mutual consent with the victim, Defendant B was the first offender who does not have any criminal power, and the instant crime was committed against Defendant A in the relationship between fraud for which the judgment was made on May 4, 2018 and the latter part of Article 37 of the Criminal Act, and thus, it is necessary to determine the relevant punishment in consideration of equity with the case where the judgment was rendered simultaneously.
However, the Defendants’ crime of this case was committed on the part of the victim with an advance payment of KRW 100 million and the victim could not supply the scrap metal at his own discretion, and the Defendant was exempted from compulsory execution by establishing a false collective security right with the maximum debt amount of KRW 30 million in the name of the Defendant B, and the nature of the crime is not good in light of the background and the method of the crime and the method thereof, etc., and the Defendants did not make efforts to recover the damage of the victim with the lapse of a reasonable period from the date of the crime. In light of all other circumstances that are the conditions for sentencing, such as the age, character, environment, motive and background leading up to the instant crime, the means and consequence thereof, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals are without merit. It is so decided as per Disposition.
However, Article 25 of the Rules on Criminal Procedure is clear that “ May 3, 2018” in Article 2(4) of the lower judgment is a clerical error in the context of “ May 4, 2018.”