Defendant

All appeals filed by A, B, and Prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

Each sentence of the lower court against the Defendants A and B (Defendant A: Imprisonment of one year and six months, Defendant B: Imprisonment of one year and one year and three months) is too unreasonable.

Each sentence of the lower court against Defendant C, D, and E (two years of suspended execution in six months of imprisonment, and one hundred and sixty hours of community service in six months) is too unfluent and unfair.

Judgment

Defendant

There is no particular criminal conviction against the Defendants on the argument of unfair sentencing in A and B, and the Defendants are more favorable to the fact that they recognize their mistakes.

However, the crime of this case is committed by deceiving victims using high interest rates by their efforts to obtain money in the name of commission by deceiving them as if it is possible to lend money at a low interest rate, and is not good to the quality of the crime. The majority of the victims are the victims, and the defrauded is a large of 60 million won, and the total amount of money was not repaid and the partial damage was not paid is disadvantageous. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendants' age, character and conduct environment, etc., the court below's punishment is not recognized to be too unreasonable, and the defendants' assertion is not reasonable.

The Defendant C, D, and E of the Prosecutor’s argument of unfair sentencing regarding the instant crime is an organized, planned, or intelligent method of the commission of the crime, and thus, the nature of the crime is not good, and the victim is a majority and the defrauded is also 4,00 won, which is disadvantageous.

However, the facts that the Defendants were the first criminal without any previous criminal record, the degree of the Defendants’ participation in the crime is relatively minor, and the victims agreed with a considerable number of victims, and the performance of approximately KRW 30 million out of the amount of damage is more favorable. In addition, various sentencing conditions specified in the arguments of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the age of the Defendants, and the character and conduct environment.