Defendant

All appeals by prosecutors are dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court against the Defendant (three years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The crime of this case is deemed to be disadvantageous to the defendant, such as the fact that, in light of the circumstances of the crime and the amount of the fraud, the criminal liability is very heavy, and the defendant has not made any effort to recover the victims' damage, by taking advantage of the fact that the defendant obtained a passbook to be used for the singishing crime in China and delivered it to the name C, a total of KRW 2,746,00,00 to the above organization, which is the general responsibility of the above organization.

However, it is also recognized that there is a favorable condition for the defendant, such as the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, there is no criminal history of the same kind of crime, and there is no history of criminal punishment

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below's sentencing is reasonable within the reasonable scope of discretion, and it does not seem that the court below's punishment is too somewhat weak or unfair because it is too poor, considering all the circumstances that form the conditions for sentencing as shown in the argument of this case, such as Defendant's age, sex, environment, etc.

In conclusion, the appeal by the defendant and the prosecutor is without merit.