사기등
All appeals by the Defendants and the Prosecutor are dismissed.
Defendants jointly and jointly file an application for compensation with the court of first instance.
1. Summary of grounds for appeal;
A. Each sentence (two years of imprisonment for each of the defendants A, B, and C, defendant D, and E: each sentence of imprisonment, one year and six months of suspended execution, three years of suspended execution, and 160 hours of community service order) that the court below sentenced the defendants against the defendants is too unreasonable.
B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.
2. The goods fraud crime committed in a planned and organized manner, which is located overseas, such as the instant case, is not easy to detect, and is a serious crime with a structure that leads many victims, and thus has a significant negative impact on society as a whole. Although the Defendants do not seem to have led or directed the instant crime, the Defendants’ act may continue to commit the crime, and the accomplices are able to obtain benefits from the crime, so it cannot be easily assessed, the Defendants’ liability for the crime cannot be assessed, in light of the contents and circumstances of the crime, and the fact that the Defendants committed the crime against unspecified and multiple victims, and that the amount obtained by fraud is disadvantageous.
On the other hand, it is advantageous to the fact that Defendants B, C, D, and E have no record of criminal punishment, and Defendants B, B, and C have made efforts to recover part of the damage in the trial.
In full view of the aforementioned circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.
Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.
3. In conclusion, the appeal by the Defendants and the public prosecutor is groundless, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.