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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and confiscation) of the lower court is too unreasonable.
2. The crime of Bosing fraud committed against many and unspecified persons in a planned and systematic manner needs to be punished strictly in that it has great social harm. Such crime is committed in the form of an occupation organization. Since the role of subordinate officers, such as the so-called handbook and remittance scheme, is unnecessary for the completion of the crime, their criminal liability is not easy, and the defendant has played an important role in the crime of this case, such as direct display of the victims and receipt of cash directly while carrying out the act as if he was an employee of the Financial Supervisory Service. The victim caused by the crime of this case reaches 13 persons, and the amount of money acquired is considerably high as KRW 24 million, which is disadvantageous to the defendant.
However, the period during which the defendant participated in the crime of this case is relatively short of two weeks, and the defendant paid 4 million won to the victim V, D, C, and B, 2 million won, 5 million won, 2 million won, and 4 million won to the court below. In the appellate trial, the defendant made efforts to recover damage by paying 4 million won, 3 million won, and 4 million won to the victim A, W, and Z, and agreed to do so. Accordingly, among the total 13 victims, the above 7 victims want to take the preference against the defendant. The defendant is a first offender who has no record of criminal punishment, and the defendant acknowledges all of the crimes of this case and reflects their depth, the court below's decision is somewhat inappropriate, taking into account all the conditions of the punishment of this case as well as all the circumstances of the records and arguments of this case.
3. In conclusion, the defendant's appeal is reasonable, and thus, the part of the judgment below's compensation order is excluded in accordance with Article 364 (6) of the Criminal Procedure Act.