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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D shall be punished by imprisonment for a term of one year and ten months.
Defendant
A, B..
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendants A, B, and C (two years of imprisonment, one year and ten months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants to the prosecutor (two years of imprisonment, one year and ten months of imprisonment, one year and two months of imprisonment, and two years and four months of imprisonment) is deemed unfair and unfair.
2. Determination
A. First, we examine Defendant A, B, C, and E.
The crime of this case was committed in a planned and systematic manner against many unspecified persons, and the social harm caused by the crime is serious, and the role of the telephone inducement measures taken by the above Defendants is very important and essential in the crime of this case. The above Defendants participated in the crime of this case despite hearing explanation that the said Defendants would be in the future in the Philippines or the Vietnam. Defendant A left Korea to China for the crime of Bosing at the same time after the crime of this case, and that there was no damage recovery.
However, although the above defendants both recognize and reflects the crimes, and the amount of fraud prosecuted is high, it is judged that there is an unreasonable point to consider the acquired amount as the principal sentencing ground for the above defendants as well as the facts that there is no criminal record other than fines in the case of defendants A, C, and E, and there is no criminal record other than fines in the case of defendants B and E, etc. favorable to the above defendants.
In full view of the aforementioned circumstances and the background and duration of the Defendants’ participation in the crime, the lower court’s punishment against the said Defendants is too heavy or unreasonable.
B. Next, we examine Defendant D.
The above defendants recognize all crimes.