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All appeals filed by the prosecutor against the Defendants are dismissed.
The order for compensation by the court below shall be revoked.
-the applicant for compensation.
Reasons
1. The gist of the grounds for appeal is that each of the original sentence against the Defendants (the defendant A: one and half years of imprisonment and two years of suspended execution, and the defendant B: two years of suspended execution and three years of suspended execution and three years of imprisonment) is too unhued and unfair.
2. Determination
A. Defendant A received money by deceiving the victim D or L, provided game products that did not have been classified in the course of operating the speculative game site, participated in exchanging the result obtained by using the game product, misrepresentation of the game room business owner, and made the criminal escape by misrepresenting himself. Although the amount obtained by deception in connection with the crime of fraud is considerable, it appears that the illegal game room business could not fully pay damages to the trial. The illegal game room business causes serious social harm, such as encouraging the general public's speculative spirit and undermining the criminal justice function of the State, and the nature and circumstances of the crime are detrimental to the legitimate criminal justice function of the State. However, the defendant is strictly punished. Meanwhile, in relation to the crime of fraud, it is deemed that the victim did not want punishment against the defendant, and the degree of the victim's participation in the crime related to the illegal power plant business, and it appears that there are no economic benefits of the defendant, such as the above crime, compared to the defendant's minor participation in the crime related to the crime related to the crime of fraud, it appears that there are no economic benefits from the crime.