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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (a fine of KRW 15 million, etc.) is too unreasonable.
B. The sentence that the lower court sentenced the Defendants (a fine of KRW 15 million is imposed on Defendant A, Defendant B’s imprisonment with prison labor for 10 months, and 2 years of suspended execution) is too uneased and unreasonable.
2. Determination on the grounds for appeal
A. As to the grounds of appeal by Defendant A, Defendant A led each of the crimes of this case, and Defendant B led each of the crimes of this case, the degree of participation by Defendant A is relatively minor. Defendant A cooperated with the investigation immediately after the detection of the crime, immediately after the discovery of the crime, and the Defendants paid 60 million won to the victims each of them, and the victims agreed with the victim to take the action against the Defendants. This is favorable to Defendant A.
However, each of the instant crimes committed by the Defendants is a punishment for fraud so that the number and shape of the card can be known by setting up in advance the card on the back side of the card with the victims who lost money or wearing a special siren in advance.
It is discovered that the nature of the crime is not good in light of the planning of the crime in the process of deception and the secrecy of the means of deception, and the defendant A was sentenced to 6 months of imprisonment and 2 years of suspension of execution on May 11, 2017 to a violation of the Act on the Promotion of Game Industry by the Ulsan District Court, which was sentenced to 6 months of imprisonment and 2 years of suspension of execution, and even if the judgment became final and conclusive on May 19, 2017, each of the instant crimes was committed again in spite of the period of suspension of execution, and other circumstances that form the conditions for sentencing, such as the defendant A’s age, character and behavior, environment, motive and background leading to the instant crime, means and consequence of the crime, etc., it is not deemed unfair to view that the sentence
(b) prosecutors;