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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Circumstances favorable to judgment: The defendant reflects the crime of this case, and the court below did not want the punishment by mutual consent with the victim.
The defendant is the first offender, and there is no amount of profit acquired through the crime of this case.
The crime of this case is a so-called "wishing" crime, in which a large number of people play a part in accordance with a thorough plan, and which is obtained money from an unspecified number of unspecified victims in a systematic and professional manner. In such a case, not only the general responsibility but also the inducement of deceiving the victims, cash collection measures, and delivery measures, as the crime of this case is committed in a variety of ways, there is a need for a strict punishment for the subordinate officers' participation.
The Defendant forged a document under the name of the Chairman of the Financial Services Commission and misrepresented the staff of the Financial Supervisory Service.
In light of the conversation between the defendant and his accomplice C before and after the crime, the defendant actively expressed his intention to gather KRW 20 million while actively participating in the crime of Bosing, and has also expressed his intent to gather the crimes of Bosing against the elderly.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s aforementioned assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.