Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

A. The sentence imposed by the lower court (two years of imprisonment for Defendant A, and ten months of imprisonment for Defendant B) is too unreasonable.

B. The sentence imposed by the prosecutor (as to Defendant B) by the court below is too unhued and unfair.

2. Determination

A. Defendant A’s crime of this case, along with Defendant B, was committed by deceiving an unspecified number of victims as if they were to pay a short-term high-rate profit to an unspecified number of victims, thereby illegally soliciting a large amount of investment and defrauding it, and there is a great social harm in light of the number of victims (16 persons), the amount of fraud (593.4 million won) and the amount of fraud (593.4 million won).

In addition, Defendant A was punished five times for the same crime (as of September 30, 2005, Defendant A was sentenced to imprisonment with prison labor for one year) and committed the crime of this case.

However, Defendant A led to the occurrence and expansion of the instant crime, and the victim M (the amount of damage KRW 130,275 million), L (the amount of damage KRW 180,000) and the lower court agreed at the lower court, and submitted the said agreement at the first instance court, the victim V (the amount of damage KRW 50,400,000), AE (the amount of damage KRW 720,000) and the first instance court agreed that the agreement was submitted, the victims submitted the written agreement, and the victims expected a high profit only and provided a cause of occurrence and expansion of damage without careful review of the contents of the project. In full view of the following factors: Defendant A’s age, sex, health conditions (the amount of damage), and the records and various changes in the instant case, including the record and the previous criminal records, etc., the sentence of the lower court is unreasonable.

B. Defendant B’s crime of this case, along with Defendant A, was committed by deceiving an unspecified number of victims, as if they were to pay a short-term high-rate profit to an unspecified number of victims, thereby illegally soliciting a large amount of investment and defrauding it, and in light of the number of victims (16 persons) and the amount of fraud (593.4 million won).