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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Appeal by a prosecutor and .
Reasons
1. Summary of grounds for appeal;
A. The court below's imprisonment with prison labor sentenced to Defendant A and one year and six months is too unhued and unfair.
B. The Defendants B and their defense counsel withdrawn the assertion of mistake during the second trial of the trial.
Each sentence sentenced by the court below to the defendants (one year and six months of imprisonment, and one year of imprisonment) is too unreasonable.
2. Determination
A. The following facts are favorable to Defendant A: (a) Defendant A recognized his mistake; (b) Defendant A paid part of the amount under the name of interest, etc. to some victims prior to prosecution; (c) Defendant A paid KRW 20 million to the victim M in order to reach an agreement; (d) Defendant A, AB, E, and D agreed with the victim at the trial; and (e) Defendant A should take into account equity with the case where a judgment was rendered simultaneously with a criminal offense, which is the first head recorded in the judgment of the lower court as to Defendant A.
However, even though Defendant A did not engage in the agricultural product distribution and auction business, each of the crimes of this case, by deceiving Defendant A as if he had made considerable profits through the above business, or by deceiving Defendant A to give profits if he invested in the above business even though there was no specific plan and preparation for the progress of agricultural product consignment business, and by deceiving 518 million won in total from 10 members of the victim, and thus, it is not good that the method and content of the crime are inferior and the amount of fraud is considerable.
In addition, as the criminal complaint of some victims began, Defendant A did not take measures to address the situation and left China, and did not comply with the investigation while staying in a foreign country for about one year and ten months.
Not only the victim M, AA, AB, E, and AD are not agreed upon, but also the victim M agreed by the court below does not pay a considerable portion of the agreed amount to be paid by the defendant A. In the trial of the court below, the defendant A's consent is not paid.