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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
Reasons
The gist of the grounds for appeal by the Defendants and their defense counsel is that each sentence (two and half years of imprisonment, two and half years of imprisonment, and two years of imprisonment) sentenced by the court below to the Defendants is too unreasonable.
Therefore, it is reasonable to strictly punish the Defendants in light of the following: (a) the sum of the amounts obtained by the Defendants from the victims is at least 380 million won; (b) the victims did not properly recover from damage; (c) the possibility of recovery of damage in the future is not high; and (d) the possibility of recovery of damage in the future seems to have significantly high; and (e) the economic and mental suffering that the victims had experienced due to the instant fraud crime appears to have significantly increased.
However, all of the crimes of this case at the court below acknowledged the defendants' mistake in depth, and it seems very difficult to clearly confirm it because there is a dispute between the defendants and some victims about the details of principal repayment, but it appears to be about KRW 100 million. Furthermore, the defendants paid interest to the victim N, L, K, and G for a considerable period of time, the total amount of such interest seems to be reasonable, the defendants are bound by both the defendants, and their children are deemed to suffer from considerable pain, and all of them are deemed to have the same criminal history before about 10 years, but all of the defendants have the same criminal history, and the court below's sentencing is unfair, considering all of all the kinds of sentencing conditions as shown in the arguments and the records of this case, such as the defendants' age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime. Thus, the defendant's assertion is justified.
Then, the Defendants’ .