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The judgment of the court below is reversed.
Defendant
C Imprisonment with prison labor of one year and fine of 20,000,000, Defendant D shall be punished by imprisonment with prison labor of two years and fine.
Reasons
Summary of Grounds for Appeal
Defendant
C1) The part of each crime committed from September 19, 2012 to March 7, 2013, Defendant C et al., even though the misunderstanding of facts revealed that other accomplices, including Defendant C et al., are making a “consception”, Defendant C et al., and only delivered under the order of prompt delivery from Defendant D et al., one’s own punishment, and did not lead each of the above crimes. However, the judgment of the court below that Defendant C led each of the above crimes is erroneous in the misunderstanding of facts.
B) From the end of April 2013 to May 28, 2013, Defendant C was not involved in the purchase and distribution of Chinese rice from the end of April 2013 to the end of May 28, 2013, and was merely an delivery of the rice for which Defendant D and A were spoking. 2) The imprisonment (one year and six months of imprisonment and fine 20,000,000 won) imposed by the lower court on Defendant C is too unreasonable.
Defendant
D1) From September 19, 2012 to March 7, 2013, Defendant D introduced T to A, a seller of domestic rice from September 19, 2012 to March 7, 2013, and a person who actually purchased domestic rice was not Defendant D, but A, and a person who ordered R and B to engage in balpting operations. However, the judgment of the court below convicting the Defendant of this part of the charges, which affected the conclusion of the judgment, is erroneous.
B) Since from the end of April 2013 to the end of May 28, 2013, both the lease deposit, mechanical purchase price, and the purchase price of domestically produced rice for each of the above crimes were borne by A, Defendant D cannot be deemed to have led to each of the above crimes. However, the lower court’s judgment that determined otherwise that the above Defendant led other accomplices to suggest each of the above crimes and commit all of the crimes was erroneous in misunderstanding of facts. 2) The sentence sentenced by the lower court of unfair sentencing (three years of imprisonment and 50,000,000 won) against Defendant D is too unreasonable.
Judgment
Defendant C's decision on mistake of facts.