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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year, six months of imprisonment and confiscation) is too unhued and unreasonable.
2. The Defendant’s crime of this case is a crime of so-called “singing,” under which social harm is serious, such as causing damage to many unspecified victims in a planned and organized manner and undermining our society’s financial transaction order, and thus, requires strict punishment. The Defendant’s crime of this case is disadvantageous to the following: (a) the victim has reached four kinds of damages; (b) the amount of damages in this case, which occurred in reality, is not less than 32 million won; and (c) the victims have not agreed with the victims until the trial; and (d) the damage has not
However, it is more favorable for the defendant to recognize all of the crimes of this case, and reflects that he has been subject to criminal punishment in the Republic of Korea, and that there is no record of criminal punishment in the Republic of Korea, and that there is no benefit acquired from the crime of this case.
Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, background leading up to the commission of the offense, and the circumstances after the commission of the offense; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem the lower court’
Therefore, the prosecutor's assertion of unfair sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.