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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. The gist of the grounds for appeal is that the court below sentenced the defendant to three years of imprisonment, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine the argument of unfair sentencing by the Defendant and the prosecutor in a lump sum.
Each of the crimes of this case committed by the victims of 28 consecutive crimes by deceiving the total amount of KRW 600 million for 28 victims, which is not bad in the quality of the crime, and the defendant suffered damage exceeding KRW 100 million for each victims, which is less than KRW 100 million, but the victims suffered serious economic and mental pain for 5 years from the 2009. Nevertheless, considering that the defendant still has not been compensated for the damage, the defendant should be sentenced to imprisonment without prison labor.
However, the fact that there is no history that the defendant was punished for the same crime, and that part of the money obtained by the defendant is used for real estate investment, that part of the money obtained by the defendant appears to have been used for real estate investment from February 2, 2009 to July 2009, and that there is no change in circumstances that may be taken into account in the sentencing differently after the decision of the court below was rendered (On the other hand, while the defendant has changed in the trial that he paid part of the damage to the victim C at the trial, he did not submit evidentiary documents to support the fact that the defendant did not actively operate the real estate consulting company of this case. Considering that the defendant also operated the real estate consulting company of this case, C can be seen as the actual victim and whether the damage has been recovered, etc., are added to the fact that the situation that the defendant can be considered as the actual victim in the sentencing is not the situation that should be actively considered in the sentencing, and the judgment of the court below is appropriate in consideration of the records of this case and the examination results
3. Conclusion, prosecutor and prosecutor.