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The appeal by the prosecutor is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.
2. Determination of the amount of damage caused by each of the instant crimes exceeds KRW 9,300,00,000, and the liability for the crime was not less than that of the Defendant, the Defendant did not agree with C who appears to be the actual victim, and C is seeking a strict punishment against the Defendant, and two times of punishment (two times of fine) as a result of the Defendant’s same type of crime is disadvantageous.
However, there are extenuating circumstances such as the defendant's mistake and there is no record of criminal punishment two times other than fines, and the defendant deposited 4 million won for the defendant in the trial to repay the remaining damage. Other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions such as the defendant's age, character and behavior, environment, motive of the crime, circumstances after the crime, etc., and the scope of recommendation according to the sentencing guidelines of the Supreme Court Sentencing Committee for each of the crimes of this case is from 6 months to 3 months, and 1 crime: fraud group, general fraud type 1 (less than 100 million won), special person, special person who has no record of criminal punishment, decision on the recommended area (basic area), range of recommendation sentence (6 to 16 months), etc.
3. The appeal by the prosecutor for conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition, and it is the same as the second half of the judgment of the court below pursuant to Article 25(1) of the Rules on Criminal Procedure.