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The judgment of the court below is reversed.
Defendant
A 10,000,000 won, Defendant B 4,000,000 won, and Defendant C.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (a fine of KRW 20,000,000, Defendant B: a fine of KRW 10,000,000, Defendant C: a fine of KRW 5,000,000) is too unreasonable.
2. The crime of this case committed mainly against the elderly victims, which is not good in the quality of the crime, the period and frequency sales of the crime, etc. The multi-stage business like the crime of this case requires strict punishment due to the size of social harm caused by the multi-stage business. Defendant C has the record of punishment due to the act of fund-raising without permission, etc., which are disadvantageous to the defendants.
On the other hand, the Defendants recognized both the crimes of this case, and are in profoundly against the attitude of the Defendants, and the Defendant A agreed with two of the three petitioners and two of the three criminal conciliation procedures, and the Defendant A did not want to punish the Defendant A (the Defendant Q, who did not comply with the criminal conciliation, was unable to be punished due to dementia). Defendant A voluntarily discontinued the business of this case, and Defendant A voluntarily discontinued the business of this case, the damage actually suffered by the customers is not significant, and the circumstances in which the Defendants made efforts to reduce damage caused by the crime of this case were observed. Defendant A did not have any history of punishment for the same kind of crime, and Defendant B was the first offender who did not have any criminal record at the time of the crime of this case.
In full view of the above circumstances and other circumstances leading to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence imposed on the Defendants is somewhat unreasonable, and thus, the Defendant’s assertion of unfair sentencing is reasonable.
3. Conclusion.