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Defendant
All appeals filed by A, E, K, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, E, and K’s sentence (Defendant A: Imprisonment with prison labor for three years and six months, Defendant E: fine for 5 million won, Defendant K’s imprisonment for three years) is too unreasonable.
B. The lower court’s sentence against Defendant B and I (Defendant B: 2 years and 6 months of suspended sentence; 3 years of suspended sentence to Defendant I: imprisonment with prison labor for 2 years and 3 years of suspended sentence) is too uneased and unreasonable.
2. Determination
A. The crime of receiving similar judgments on the unfair argument of sentencing by Defendant A and K is highly likely to cause harm and injury to society as a whole, such as distorted the sound economic order of our society and impairing the general public’s work awareness.
In this case, even though the defendants did not actually engage in the business of purchasing and distributing merchandise coupons, they would deceiving investors as if they were to make profits through the above business, guarantee the principal of investment to investors, and pay an amount exceeding the amount of money exceeding 3.2 billion won, and thus, the crime is very bad in light of the criminal law, circumstances, contents, etc.
Nevertheless, the damage caused by the crime of this case has not been properly recovered.
Defendant
A has the same criminal record, and the defendant K has committed a separate fraud in relation to the unmanned loan instruments.
In full view of various sentencing factors indicated in the records and pleadings of the instant case, such as the Defendants’ age, sex, environment, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the status of the Defendants and the degree of their physical participation, etc., part of the victims appears to have recovered the investment money and to be less than the amount recognized as guilty, and Defendant A submitted all relevant materials to the investigation agency from the stage of the investigation.