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The judgment below
The part of the case of the defendant is reversed.
Defendant
A Imprisonment for three years, and Defendant B for two years, respectively.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine (Defendant A) as to each of the instant crimes committed against Defendant A prior to the day on which the judgment became final and conclusive, including the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and sentenced all of them to a single punishment. However, the lower court erred by misapprehending the crime of fraud against Victim N as a crime after the judgment became final and conclusive, thereby making
B. Defendant A, Defendant A, and D had no intention to obtain fraud.
(c)
Sentencing (Defendant A, C, D, E, and Prosecutor) 1) Defendant A, C, D, and E (Defendant A: 5-year community service period of three-year suspended sentence of imprisonment, 480 hours of imprisonment, 1-year imprisonment, 5-year suspended sentence of three years, 480 hours of community service, 480 hours of imprisonment, 2-year and 6 months of imprisonment) are too unreasonable.
2) The Prosecutor’s sentence sentenced to Defendant A, C, and D as well as the sentence sentenced to Defendant B (two-year suspended sentence of imprisonment, four-year suspended sentence of imprisonment, and 480 hours for community service) is too unfluent and unreasonable.
2. Determination
A. We examine ex officio judgment (as to the defendant A, B, and C), prior to the judgment on the grounds for appeal against the defendant A, C, and the prosecutor, the defendant A, B, and C.
Defendant
According to the court statements A and C of each party, each judgment, and the results of integrated case search, Defendant A was sentenced to the imprisonment of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on September 9, 2016 and the judgment became final and conclusive on September 20, 2016. Defendant B was sentenced to two years of imprisonment for a crime of fraud at the Busan District Court on March 23, 2017 and became final and conclusive on August 19, 2017; Defendant C was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on September 9, 2016 and became final and conclusive on April 14, 2017; and ① Defendant A’s previous conviction committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).