All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Defendant

A An applicant for compensation.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: Imprisonment with prison labor for one month, one year and seven months, and fine for negligence for Defendant B: 4,000,000) of the lower court is too unhued and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

Defendant

A committed fraud against many unspecified victims for a considerable period of time, and not recovered from damage.

Defendant

A, like the record of the crime in the judgment of the court below, committed the instant crime repeatedly during the suspended execution period, even though A was sentenced to ten months of imprisonment for fraud and two years of suspended execution.

On the other hand, the following conditions are favorable.

Defendants make confessions and are against the law.

Defendant

A-based fraud crime committed on March 10, 2017 is one of the concurrent crimes between the criminal records as stated in the judgment of the court below and the latter part of Article 37 of the Criminal Act. Therefore, the same should be considered in the case of judgment at the same time.

Defendant

B donated 1.5 million won to the Gyeonggi-do Joint Social Welfare Fund-raising Council in return for the lending of access media by Defendant A, and there is no record of punishment for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment against Defendant A is not deemed to be too weak or unreasonable since its punishment against Defendant B is too low, and thus, it is not recognized that the punishment against Defendant B is unfair, and thus, the Prosecutor’s assertion of sentencing and the allegation of unfair sentencing against Defendant A are without merit.

3. The Prosecutor’s appeal against the Defendants and the Defendant A’s appeal are without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and an application for remedy order filed by the applicant for compensation by the appellate court is with merit. Thus, Article 25 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings