Text
Defendant
A, B, C, D, E, and F shall reverse the part of the lower judgment, excluding the rejection of an application for compensation order.
Reasons
1. The gist of the grounds for appeal argues that the defendants' punishment (for defendant A: 5 years of imprisonment, confiscation, defendant B: imprisonment of 2 years and 6 months of confiscation, confiscation, defendant C: imprisonment of 1 year and 6 months of confiscation, confiscation, defendant D: imprisonment of 1 year and 6 months of imprisonment, defendant E and F: 2 years and 6 months of imprisonment of 2 years and 5 years of imprisonment of 5 years) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment sentenced by the court below is too uneasible and unfair.
2. Determination
A. In light of the fact that Defendant A committed the instant crime, as a general responsibility of Defendant A, discovered the personal information of the victims, and acquired money from the lending company, and acquired it by fraud, the victims wanted to punish the Defendant A, the victims have not recovered most of the damage even though the amount of damage exceeds KRW 300 million, and the Defendant A committed the instant crime during the period of repeated offense, it is difficult to sentence Defendant A with sentence.
However, in full view of the following circumstances: Defendant A’s recognition of the instant crime and mistake; Defendant A’s payment of KRW 6 million to VictimCC and T at the time of the trial; considering the fact that each of the instant crime was committed; Defendant A’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime; and the circumstances after the crime was committed, etc., Defendant A’s punishment imposed on Defendant A is unreasonable (no appeal shall be dismissed by the prosecutor as long as the judgment of the court below is reversed on the ground that Defendant A’s appeal is without merit; Defendant B’s appeal is without merit). Defendant B’s instant crime of this case was committed by Defendant B with a loan from the lending company after ascertaining the personal information of the victims as a personal information collection measure; and Defendant B received money from the lending company.