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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants: Each sentence of the lower court against the Defendants (one year and eight months in prison for the Defendants A, and one year in prison for the Defendants B) is too unreasonable.
B. Prosecutor: The above punishment of the court below against the Defendants is too unfasible and unfair.
2. Determination
A. The entire victims due to each of the crimes of this case committed against Defendant A were seven persons, and the total amount of damages was about KRW 217 million.
Each of the above crimes was committed by abusing the victims' trust.
The victims are also in an economically difficult situation, and there is a big economic risk due to the crime.
The Defendant, even before committing each of the instant crimes, was sentenced to imprisonment with prison labor for fraud at the Jung-gu District Court on March 25, 2005, for eight months, due to the borrowing fraud, etc., and was sentenced to a summary order of KRW 2 million by the same court on November 16, 2015.
On the other hand, the defendant recognized most of the crimes from the investigation stage, and in the trial, the defendant shows his attitude to reflect all the crimes.
At the time of committing the instant crime, it cannot be seen that the Defendant had a conclusive intention.
The defendant seems to have used a considerable part of the money acquired by deception to solve the problem of the child.
These circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.
B. The total number of victims due to each of the instant crimes committed against Defendant B is two, and the total amount of damages is about KRW 130 million.
Each of the above crimes was committed by abusing the victims' trust.
The victims are also in an economically difficult situation.