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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.
Reasons
1. The sentence (one year and six months of imprisonment with labor for Defendant A, and one year and six months of imprisonment with labor for Defendant B) declared by the court below is too unreasonable.
2. Each of the instant crimes committed by the Defendants, by deceiving the victim C, by defrauding the victim C, and by deceiving the Defendant A with KRW 13,424,180, and KRW 10 million from the victim Qua.
Defendants have been sentenced to a suspended sentence of two years for one year and six months due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2012.
The victim C tried to punish victims in the original trial.
However, the Defendants recognized the instant crime and are against the nature of the Defendants.
Defendants shall not have any other criminal records except for those subject to the suspended execution of one time.
Defendant
A agreed with the victim Q at the stage of investigation (the 290th page of the evidence record) and the lower court’s agreement with the victim Q and the victim N are not subject to punishment against Defendant A.
The Defendants set up a meat processing plant on the land owned by the victim C, located in Pyeongtaek in order to repay the debt to the victim C. On June 15, 2017, the Defendants actually applied for authorization and permission, and invested KRW 150 million in the funds of the Defendants for the civil engineering work. The victims also stated in the investigation stage that “the Defendants recognized KRW 150,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000).
According to the certificate of all the registered descriptions of the above land, the right to collateral security was established on October 5, 2018 with the maximum amount of KRW 180 million for the above land in the name of each victim C, and on October 5, 2019.