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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for two years, and Defendant B for one year.
Reasons
[Judgment as to the Reasons for Appeal] The sentencing of the court below on the defendants (the defendant A: imprisonment of 2 years and 6 months, defendant B: imprisonment of 2 years and 2 years and confiscation) is too unreasonable.
On April 25, 2014, each of the instant fraud crimes committed by Defendant A, in collusion with the name of the accused and the accused and the defendant B in China, etc.
5. Until November 1, 200, if 232 victims have paid 232 victims over 443 occasions, it is false as if it would be possible to reach the terms and conditions, and it is said that the victims have received a total of KRW 185,322,942 from the victims and acquired them by deceit. Since the total amount of damage is large and the method of crime is organized, planned, and intelligent, the crime is very poor, and the defendant committed each crime of this case during the period of repeated crime due to fraud, etc., even though there are several records of punishment for fraud, and each crime of this case is committed against the defendant.
However, considering the fact that the Defendant withdrawn the deposits of victims according to the direction of the criminal organization, the Defendant did not lead the overall commission of the crime, the Defendant’s profits derived from each of the instant fraud are not large, the fact that the Defendant recognized the mistake and reflects, and all other circumstances that form the conditions for the sentencing specified in the instant case, the sentencing of the lower court is somewhat unreasonable.
Defendant
As seen earlier, each of the instant fraud crimes committed by the Defendant in collusion with the Defendant A, etc. on the assertion of unfair sentencing in B is very bad, and the Defendant committed an offense of embezzlement of KRW 7.99,00,00 in collusion with the J, thereby disadvantageous to the Defendant.
However, each crime of fraud of this case was withdrawn by the defendant directly or through co-defendant C of the court below according to the instruction of the defendant, and the defendant.