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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal (the punishment of the court below (the punishment of the defendant A: three years of imprisonment, and the imprisonment of the defendant B) is too unreasonable;
2. Although Defendant A had had the record of punishment several times for the crime of fraud, the amount of damage in this case was a large amount during the repeated crime period for the same crime, and the amount of damage in this case was not recovered in full. However, the defendants were led to confession of the crime in this case, there was no record of criminal punishment for the crime in this case, and there is no profit acquired by Defendant A by himself as a result of the crime in this case. Defendant B paid more than KRW 40 million to the victim and deposited more than KRW 50 million in the process of investigation and the court below at the court below. Defendant B paid more than KRW 14.5 million to the victim, and the defendants paid more than KRW 50 million to the victim in the trial, and the defendant was trying to recover damage by deposit more than KRW 50 million in the court at the court, and it seems reasonable to give the defendant B an opportunity to have the ability to develop to recover the damage before the crime in this case. In full view of the following circumstances, the defendant's age, character and behavior, living environment and sentencing, etc.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged against the Defendants and the summary of the evidence admitted by this court are as follows: “Defendant A was sentenced to six months of imprisonment for a crime on February 17, 2010 and completed the execution of the above sentence on July 9, 2013” in the first head of the facts charged.