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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for ten months, each of the defendants B and C shall be punished by imprisonment for eight months.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: Imprisonment with prison labor for one year, Defendant B, and C: 8 months) that the court below sentenced the Defendants to the Defendants is too unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. The judgment of the court below is based on the following facts: (a) the Defendants conspired plannedly with the customers to receive the money for the use of golf club membership and received the money for the use of the golf club membership from the customers, and thereby causing damage to the victims; (b) the amount of the money acquired through deception by the Defendants’ joint crime is reasonable; (c) the amount of the money acquired through deception by the Defendants, A, and C shall be KRW 17.6 million, additional KRW 26.4 million, and the amount of the money acquired through deception by the Defendants, Defendant A, and B, despite the total amount of the money acquired by the victims, the amount of the money paid to the victims is substantially less than KRW 24 million ( KRW 1.4 million, KRW 9 million, KRW 3.5 million, KRW C5 million, KRW 9 million); (d) the victim J, Defendant B, and Defendant C, who are co-offenders, paid some money out of the amount repaid, but Defendant A did not make any contribution to the funds.
It is difficult to see that it is disadvantageous.
On the other hand, the defendants confession and reflect all of the crimes of this case, and the defendant A paid a total of KRW 10 million to the victim'sO, H, and P at the court below, and the defendant B and C also paid a total of KRW 6 million to each of the above victims by each of the above victims at the court below, and the above victims did not want to be punished by the defendants. The defendant B paid KRW 6 million to the victim L during the trial, and the victim Eul did not want to be punished by the defendant Eul. The defendant C paid KRW 2 million to the victim J., and the victim Eul did not want to be punished by the defendant Eul. In conclusion, the victim Eul and the victim did not want to be punished by the defendant Eul.