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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment and three years of suspended execution) of the lower court is deemed unreasonable.
2. Determination: (1) The Defendant recognized the instant crime; (2) the amount deposited from the victim D’s account referred to in 2015 Godan5097 to the Defendant’s account appears not to have been withdrawn due to the suspension of payment; (3) the Defendant is an aiding and abetting the instant crime; (4) there is no evidence to acknowledge that the Defendant acquired the price; and (4) the Defendant appears to be not suitable for the Defendant’s health from the police around February 2013.
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(35 pages of evidence, 34 pages of the trial records, 2015 order 5097). (21 pages of the trial records) The court records are favorable circumstances.
② However, in light of the following: (a) the Defendant violated the Electronic Financial Transactions Act; (b) was suspended from indictment on January 20, 2015 on March 27, 2015 and was issued a summary order of KRW 2 million on March 27, 2015; and (c) provided the means of access to the singinginginging organization twice again; (b) the singinginging crime constitutes a serious crime undermining the public confidence and security of the State agency by misrepresenting the state agency against many unspecified victims in a planned and systematic manner; (c) the Defendant provided an account necessary for the singing crime; and (d) the Defendant withdrawn and delivered the amount deposited in the account; and (e) the victim G’s damage was not recovered; and (c) the circumstances constituting the conditions for sentencing, such as the circumstances of the instant crime, means, results, and after the instant crime, etc., the lower court’s sentence is deemed unreasonable.
3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment which has been written]