The defendant's appeal is dismissed.

All of the applicants for compensation are dismissed.

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

However, there are favorable circumstances for the defendant, such as the fact that the defendant was fully aware of and against his crime, that the victims were partly repaid or presumed to have been recovered, that there was no criminal history exceeding the fine prior to the crime in this case, and that it is necessary to consider equity in the case of concurrent judgment with the crime in this case and the crime of violation of the Attorney-at-Law Act in the latter part of Article 37 of the Criminal Act.

However, in light of the fact that the crime of this case was committed by the defendant with his own financial power and connection, and then by deceiving the victims to pay high rates of profits, etc., it is inevitable to punish the defendant with severe punishment corresponding to his criminal liability, taking into account the following: (a) the defendant was able to actively and actively prepare a criminal method, such as creating the refeasible value of the processing, and acting as his/her father or as his/her dependent, or making a disguised contact with him/her as if he/she was "L"; (b) the amount acquired by the victim exceeds 2 billion won in total; (c) the victims have maintained a friendly life while he/she returned his/her financial obligation with the money of this case; (d) the victims have suffered considerable mental suffering and property damage from the crime of this case; and (e) the victims have repeated punishment against the defendant from the investigation agency to the trial.

In addition, even if considering the records of this case and all of the sentencing conditions revealed in the trial process, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

[Application for Compensation] 1.