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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The judgment is against the defendant's recognition of the crime, and the damage has been partially recovered is a favorable reason.
However, in this case, the defendant conspired to commit the crime with A and the fraud, and introduced them to A or directly enticed the victims, and the defendant is a pastor and the victims abuse the trust relationship with the defendant as a scambling person such as motive scams.
The amount of the instant fraud was at least KRW 9,5530,000,000, and there is little contribution that the Defendant has contributed to the recovery of damage, and some victims, taking into account the fact that the Defendant filed for the failure of home due to the instant crime and the Defendant and A’s severe punishment, the Defendant’s responsibility
I would like to say.
Defendant has been punished for the same crime of fraud.
In addition, in full view of all the sentencing conditions as shown in the pleadings until the criminal defendant's age, health, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below cannot be deemed to be too weak or unreasonable due to the reason that the sentence imposed by the defendant is too minor or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186(1) of the Criminal Procedure Act shall apply).