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Defendant
All appeals by prosecutors are dismissed.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
1. As to the summary of the grounds for appeal, the defendant asserts that the punishment imposed by the court below (seven years of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment is too uneasible and unfair.
2. The judgment is an unfavorable sentencing condition, such as the following: (a) the Defendant, while operating a beauty room, has accumulated a personal trust relationship with the victims; and (b) acquired 2.1 billion won against the neighbors or 35 persons, including their relatives, etc. by taking advantage of such trust relationship; (c) the victims are most aged and economically weak; (d) the victims want to be punished against the Defendant due to extreme economic damage; and (e) the Defendant has not made efforts to pay damages.
On the other hand, there are favorable sentencing conditions, such as the fact that the defendant is the first offender, the confession of the crime, the fact that some of the money was paid to the victims as interest after the crime, and the fact that the victim P, M and F submitted an agreement to investigative agencies.
Considering the above sentencing conditions comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of crime, and circumstances after crime, etc., the lower court’s sentencing against the Defendant is deemed adequate, and it is not deemed that it is too heavy or unreasonable.
Defendant
The prosecutor's assertion of unreasonable sentencing is without merit.
3. C, which is the rejection of an application for compensation, shall seek payment of KRW 198,00,00 and AI which is the applicant for compensation, shall seek payment of KRW 72,40,000, respectively.
The Defendant has remitted money to the applicant for compensation after each of the instant crimes (the Defendant asserts that C, the applicant for compensation, remitted the amount of KRW 70,000,000 to C, and the amount of KRW 15,00,000 to the AI, the applicant for compensation), and it is unclear where the money has been appropriated. As such, the part for which the applicant for compensation seeks compensation is not clear, so it is impossible to issue a compensation order.