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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. (1) The defendants A's punishment (one year and six months of imprisonment) is too unreasonable.
B. The punishment of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor (in respect of the Defendants)’ sentence is too unhued and unreasonable.
2. Determination:
A. Defendant A assumed the role of Defendant A as a liability for withdrawal of cash in his country for the purpose of resolving the debts of loans that have been borne by Defendant A in the course of raising gambling funds. In that process, Defendant B, who is a student of the school, proposed to participate in the crime, and obtained access media from Defendant C, etc., with a significant degree of contribution to the fraud crime.
In addition, it is true that there is a need for strict punishment against the defendant, since a large amount of victims were raised in each domestic area due to the fraud crime in which the defendant participated, and the amount of damage exceeds about 220 million won.
However, the Defendant: (a) led the Defendant to commit the instant crime as the first offender; (b) led the Defendant to commit the instant crime; (c) did not led, planned, or directed the fraud crime; (d) took part in only a simple withdrawal and remittance act; and (e) returned to the victims an amount equivalent to approximately 70 percent of the total amount of damage up to the trial of the Defendant’s parents, thereby recovering considerable damage to the victims.
In addition to these circumstances, considering the fact that the defendant seems to have been given an opportunity to reflect to a certain extent through a prison life for about six months due to the instant case, and the fact that the defendant still graduated from the university 20 young people, the defendant's attitude to reflect the defendant's authenticity and the defendant's parents leading the defendant, is sound.