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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment) is too unhued and unfair.
2. The crime of this case is deemed to be a financial fraud crime called "singing," which is called a planned and organized act against many and unspecified persons, and there is a significant social harm, and there is a need to punish the victims with considerable economic suffering, and the defendant is not considered to be minor in the degree of participation as a cash withdrawal liability, the number of crimes, the number of victims, and the amount of fraud exceeds 70 million won, but it is deemed that the defendant recognized the crime of this case and against it. The defendant seems to have not acquired significant profits from the crime of this case. The defendant is not subject to the punishment of the defendant, and the defendant is not subject to the punishment of the defendant, and the considerable part of the damage has been recovered, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., and the records and circumstances before and after the crime of this case are considered to be unfair and the judgment of the court below is not unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, the lower court’s 4th 15th sentence “from around that time to December 1, 2015” is obvious that it is a clerical error in the statement of “from December 1, 2015 to January 7, 2016,” and thus, ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.
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