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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant
B, D. D.
Reasons
1. As to the summary of the grounds for appeal (as to the sentence of the court below: three years of imprisonment; three years of the suspended sentence of imprisonment for one year; two years of the suspended sentence of imprisonment for 10 months; two years of the suspended sentence of imprisonment for Defendant C; and fine of three million won for Defendant D), the defendant A, B, and D asserts that their sentence is too unreasonable, and the prosecutor asserts that the sentence against the defendant B and C is too unreasonable.
2. Determination
A. As to Defendant A’s assertion, Defendant A was punished for the same kind of crime; Defendant A performed the leading role in the instant crime; the scope of damage therefrom exceeds 1 billion won; the amount invested by the victims who did not reach the judgment of the court is equivalent to KRW 117 million in total; the amount of damage caused by the act of receiving the same kind of money in this case is significant and most victims are ordinary people who are not legally protected; and ultimately, Defendant A should be punished with strict punishment for such social harm, such as disturbing the order of commercial transactions and undermining sound investment awareness.
However, in full view of all the circumstances, including Defendant A’s age, character and conduct, background of the instant crime, and circumstances after the instant crime, the lower court’s punishment seems to be somewhat unreasonable, and thus, Defendant A’s assertion is reasonable, given that Defendant A’s confession of the instant crime, and endeavored to recover from damage by further agreement with some victims, etc. up to the trial.
B. The above Defendants’ assertion of Defendant B and D and Prosecutor’s assertion of Defendant B and C are determined, and Defendant B and Defendant D are working for the Vice-Chairperson, Defendant C, the Managing Director, and Defendant D.