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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment with prison labor) is too heavy or (three years of imprisonment with prison labor) and is too unfluent (inspection).
2. The lower court sentenced the Defendant to three years by taking into account the following factors: (a) the method of committing the crime is organized and planned, the amount of fraud is a large amount, the Defendant did not recover the damage; (b) the Defendant did not transfer the criminal liability to the S who appears to be a processed person after intending to transfer it to R; and (c) there was a history of having been punished several times in the same criminal record.
In light of the sentencing conditions acknowledged by the court below, the sentencing of the court below seems to have been within the reasonable scope of discretion, and there was no clear change in the sentencing conditions compared to the court below at the time of the trial (the sales of mobile merchandise coupon 119,764,220 won, which was sold to the defendant, etc. by the defendant, etc.).
Even if the act of the Defendant, etc., sold and commercialized the aforesaid mobile merchandise coupon to a third party, the damage caused by the instant crime was recovered.
In order to do so, the fact that the defendant returned the purchase price of a mobile merchandise coupon to a third party should be recognized, but there is no evidence to acknowledge it.
Even if the defendant et al. returned the purchase price for part of KRW 83,913,00,000.
Even if there is a significant change in the conditions of sentencing due to the lack of knowledge of the circumstances leading up to the return, amount, and the existence of the intention of punishment.
It is difficult to see that the lower court’s sentencing is too heavy or unreasonable because it is frightened.
3. Conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.