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The judgment below
The remainder, other than the part of the application for compensation, is reversed.
Defendant shall be punished by imprisonment for a period of two years and two months.
Reasons
1. The defendant asserts that the summary of the grounds for appeal (e.g., imprisonment and two years and nine months, and confiscation) imposed by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.
2. The crime of this case is committed by the Defendant in a systematic and systematic manner against many unspecified persons, and the nature of the crime is very good. The crime of Bosing fraud is committed in a pro rata manner through the participation of subordinate officers, such as the withdrawal, collection, and remittance, as well as the total liability, and there is a need to strictly punish such an act of participation; the victims have not recovered from their damage; and the amount of damage is considerable.
However, it is judged that the punishment imposed by the court below is too unfair in light of the following circumstances: (a) the defendant's primary crime is divided into the crime of this case; (b) the defendant works for more than 10 years in good faith prior to the crime of this case; (c) the family member supports his family member; and (d) the reason why his participation in the crime of this case was made in the business deterioration; (d) the period and frequency of the defendant's participation in the crime of this case; and (e) the period and frequency of the defendant's participation in the crime of this case; (e) the defendant's age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime of this case.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.
(2) If an appeal by the defendant is accepted and the decision of the court below is reversed, the prosecutor's appeal shall not be dismissed in the text of the decision).