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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
1. The gist of the reasons for appeal (five years of imprisonment) by the lower court asserts that the Defendant is too unfasible, and the prosecutor is too unfased and unreasonable.
2. There are circumstances such as that the Defendant agreed with the victim S, AI, AK, BC, BP, BP, N, M, L, CT, CU, and BX, while the Defendant promoted the housing project as a partnership of the housing association, the project was become become extinct, leading to the instant crime, and the Defendant voluntarily surrenders.
However, from August 2001 to October 2004, the defendant was 69 victims with a total of 3.68 billion won from around August 2001 to about 2004; the defendant committed fraud, breach of trust, or occupational embezzlement with a total of 3.68 billion won; the defendant agreed with some victims but does not seem to have been actually recovered from damage; the amount of damage not agreed is equivalent to 1.9 billion won; the defendant committed the crime in this case in the course of implementing the housing project; however, there are a considerable number of crimes committed before the defendant departing from China; the defendant voluntarily surrendered to China for about eight years from his departure from China; the defendant additionally committed the crime by forging his passport, resident registration certificate during the escape life; the defendant was punished for the same kind of crime (the defendant was punished for a fine four times, imprisonment with prison labor, one suspended execution, and the defendant's age of two times).
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Since the defendant's assertion is without merit, it is possible to dismiss the defendant's appeal in accordance with Article 364 (4) of the Criminal Procedure Act, or the prosecutor's appeal is reversed.