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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
The defendant shall pay 18,849,076 won to an applicant for compensation.
Reasons
Defendant
The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (three years of imprisonment) is too unreasonable.
Therefore, the defendant was sentenced several times for committing the same kind of crime, and in particular, the defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Busan District Court's branch on April 8, 2010 to the Busan District Court's 10 months on December 25, 2010 on which the execution of the sentence was completed on December 25, 2010, and thus commits each of the crimes of this case at another time during the repeated crime period. The defendant formed a relationship with a woman's mind on the ground of a false academic background or career, formed a relationship with a woman on the ground of a false academic background and career, and took money from the damaged women, by deceiving the company's superior position, by fraud, or embezzlement or embezzlement of money from the damaged women. In light of the fact that the crime is very poor, and since the defendant did not properly recover from damage to the victim E and N, it is deemed that there is a need to strictly punish the defendant.
However, from the investigation stage, the defendant recognized each of the crimes of this case from the investigation stage, and divided his mistake in depth, the victim G does not want to be punished against the defendant, the situation where the defendant is in need of support and his father, and the amount of damages caused by each of the crimes of this case, the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentencing of the court below is deemed unfair, and therefore the defendant and his defense counsel's assertion is justified.
If so, the appeal by the defendant is justified, the Criminal Procedure Act.