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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and community service order) is too uneasy and unreasonable.
2. The conclusion that the Defendant recognized the instant crime, the fact that some of the members of the fraternity would be likely to cause the instant crime without paying the fraternity money after receiving the fraternity money. The instant crime is an occupational breach of trust for which the judgment became final and the concurrent crime relationship between the latter and the latter under Article 37 of the Criminal Act, and should consider equity with the case to be judged concurrently. The Defendant deposited one million won for the victim D, and two million won for the victim E, etc., which are favorable to the Defendant.
However, even though the crime of this case was committed by the defendant as a leader of the number fraternity, in violation of his occupational duty to pay the fraternity paid by the members of the fraternity, it was consumed at will without paying a total of KRW 12.6 million to the victims, and also, it was a case in which the victim E acquired the total of KRW 20 million from the victim E, and the crime is very serious; the victim E has paid the fraternity money once with the income of the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
Comprehensively taking account of the above circumstances and other factors of the instant crime, the Defendant’s age, sex, environment, etc., and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is deemed to be too uneasy and unfair, and thus, the prosecutor’s assertion is with merit.
3. If so, the prosecutor's appeal is reasonable, and thus, the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is made.