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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, and confiscation) of the lower court is too uneased and unreasonable.
2. The criminal act of acquiring money from an unspecified number of unspecified persons on a systematic basis is carried out pro rataly through the participation of subordinate officers, such as withdrawal books, collection books, and remittance books, and thus there is a considerable need to strictly punish such an act of participation. In light of the fact that the Defendant entered the Republic of Korea to commit the instant crime and immediately carried out as cash collection measures, the Defendant’s criminal liability is heavy.
However, in full view of all the sentencing conditions, including the Defendant’s character, environment, health condition, circumstances leading to the Defendant’s commission of the crime, means, and consequence, the lower court’s punishment is too unfasible and excessive so far as it goes beyond the scope of discretion.
3. The appeal by the conclusion prosecutor is dismissed for reasons.