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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the first instance court (two years of imprisonment for each of the Defendants to the prosecutor’s defendants) is deemed to be too unhutiled and unfair.
B. Each sentence of the first instance court against the Defendants is too unreasonable.
2. The Defendants, as a member of the so-called “Singing” criminal organization, acquired money from many victims systematically and systematically by participating in the crime. The crime of Bosing fraud constitutes a very serious social and economic crime; the Defendants are involved in the act of withdrawing the amount of damage according to F’s instructions, and the degree of participation is not easy; the Defendants are not easy to take part in the act of withdrawing the amount of damage; there is a great need to prevent recurrence; the sum obtained by the Defendants during the participation period exceeds KRW 100,000,00,000, etc. are disadvantageous circumstances against the Defendants.
However, the court of appeal may take into account the circumstances favorable to the Defendants, such as the fact that the Defendants appear to have recognized the entire crimes in the appellate court, that there was no same power to the Defendants, and that the Defendants did not seem to have acquired all profits from the crimes.
In addition, the defendants' age, character and conduct, environment, motive and means of the crime, circumstances after the crime, and the progress of punishment against accomplices (On the other hand, the defendants were sentenced to 10 months of imprisonment with prison labor for AD who participated in the crime of Bophishing fraud by means similar to the defendants, and the punishment against AD and their punishment against the defendants should be balanced, but in case of AD, there seems to be different from the defendants in terms of the timing of participation in the crime, amount of fraud, etc.), unlike others, the first instance court's punishment against the defendants shall be appropriate and too much, taking full account of all the various circumstances described in the arguments of this case, including the fact that there is no change of circumstances that make it possible to change the first instance punishment after the sentence of the first instance.