Text
The judgment below
The guilty portion against Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for three years.
Defendant
A, C.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) In relation to the fact-finding fraud, Defendant A (hereinafter “Defendant A1”) committed a crime of mistake of facts, there was no conspiracy for Defendant to acquire the money borrowed under the name of T, S and victim V, or there was no participation in T, or T, in the fraud. The judgment of the court below which found Defendant guilty of the facts charged as to the fraud of this case is erroneous. 2) The imprisonment (five years of imprisonment) sentenced by the court of unfair sentencing is too unreasonable.
B. The sentence of Defendant B, C, and E (Defendant B: Imprisonment with prison labor for three years and six months, Defendant C: imprisonment with prison labor for five years, and Defendant E: imprisonment with prison labor for two years and six months) is too unreasonable.
2. In full view of the evidence duly admitted and investigated by the lower court and the lower court as well as the confession of the facts charged regarding the fraud of this case in the lower court’s court, Defendant A’s assertion of mistake of facts in collusion with S and T, which led to the deception of Defendant A to receive a loan from the victim V after receiving the loan from the victim V, can be fully recognized.
The judgment of the court below which found the defendant guilty is just, and there is no error of law by mistake.
3. Determination on the Defendants’ assertion of unfair sentencing
A. Defendant A recognizes a special robbery and larceny crime, reflects the wrongness, and has no record of criminal punishment exceeding the suspended sentence.
However, the Defendant, along with other Defendants, induced victims to the robbery by pretending to engage in sexual traffic, received money from the victims, and stolen money using a credit card obtained by force or deposited money.
In addition, in collusion with S and T, the Defendant made a false statement that he would arrange a loan to the victim V, and acquired the amount of KRW 3 million borrowed by the victim.
The victims of robbery shall be physical and mental.