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The defendant's appeal is dismissed.
Reasons
1. The reasoning for appeal is that the lower court’s punishment (five million won in penalty) is too unreasonable.
2. The Defendant is making a confession of the instant crime.
The victims are also responsible for the occurrence or expansion of damage as they have joined as members for a short period of time.
Defendant is also a subordinate member of the organization that received the similar type of the instant case. The Defendant has no record of criminal punishment prior to the instant case.
The health conditions of the defendant and the economic leisure power of the defendant are not good, which are favorable circumstances.
However, it is necessary to strictize the social harm, such as distort the sound economic order and impairing the general public's work awareness, by inducing the victims' speculative spirit.
In this case, the Defendant committed a crime against unspecified or large number of victims or repeatedly over a considerable period of time.
This is disadvantageous to the defendant.
Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.