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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation order is determined immediately and excluded from the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) is that the lower court’s sentencing (10 months of imprisonment) is too unreasonable.
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3. The Defendant acquired money worth KRW 60 million from the two victims, and did not receive money from the victims until now.
The defendant has been punished as a suspended sentence of imprisonment with prison labor for the same crime in 2008.
However, the defendants recognize all their mistakes and are against themselves.
Considering the background, circumstances, etc. of the crime, the degree of deception of victims is relatively high, and there is room to view that the victims have taken the risk of each contract to some extent.
With respect to the victim B, KRW 10 million was paid to the victim through the collection company, and the defendant seems to have endeavored to pay the damage caused by the crime of this case.
When determining punishment for the crime of this case, the equity between the previous conviction of the judgment and the concurrent judgment shall be taken into consideration.
In addition, considering the equity of both punishment and similar cases as shown in the argument of this case, such as the defendant's age, sex, environment, family relation, motive and background of the crime, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable.
4. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows through pleadings.