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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The defendant shall have heading 1, 2 of the seized evidence.
Reasons
1. The summary of the grounds for appeal 1) The Prosecutor’s sentence (one year of imprisonment, three years of suspended execution, two hundred hours of community service, confiscation) of the lower court is too uneased and unreasonable.
2) The lower court’s punishment is too unreasonable.
2. The fact that the defendant agreed with the victims and paid KRW 15 million to the victim F for the recovery of damage, and that there is no record of criminal punishment up to now is favorable to the defendant.
On the other hand, the following facts are disadvantageous to the defendant.
The Defendant, despite being aware that it was an instruction from a licensing organization, took part in it and took charge of the so-called “collection” role.
피고인은 단순히 돈을 전달하는 데 그치지 않고 위챗으로 상세한 지시를 받아 금융위원회 위원장 명의로 위조된 서류를 출력하여 피해자들에게 교부하는 등 적극적으로 가담하였다.
The Defendant received money from other investigators for the instant crime and used it.
There are a lot of damages that have been made by the defendant for repayment, but not yet recovered.
The criminal conduct of Bosing is organized, planned, and the society needs to be strict.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed to be too uneasible and unfair.
3. As the prosecutor’s appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is again decided as follows after pleading (as long as the judgment of the court below is accepted by the prosecutor and the judgment of the court below is reversed, the defendant’s appeal shall not be dismissed separately in its disposition). The reasoning of the judgment which is re-written is as follows: The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below