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Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (unfair punishment)’s punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.
B. The prosecutor (unfair punishment) sentenced by the court below to the defendants (the defendant A: three years of imprisonment, five years of suspended execution, community service 400 hours, three years of imprisonment) is too uneased and unfair.
2. Determination
A. Defendant A’s taking part in the Bosing Organization and acquired a large amount of money against 223 victims for more than three months, and the so-called Bosing Fraud is not only organized and planned by the Act on the Acceptance of Criminal Crimes, but also mainly against the financial and social weak, and thereby, a large number of victims are collected within the nation. As a result, a large number of victims and members of the society are not capable of causing serious adverse effects on the trust relationship in the overall society, and thus, the crime is very poor, and the possibility of social criticism is very high, and the damage is not restored to the Defendant.
However, the fact that the defendant confessions the crime of this case and reflects his mistake in depth, the defendant's personal benefit seems not to be significant, the defendant's participation in the organization as a general member, the period of participation in the crime is relatively short compared to other union employees, and the defendant has been missing from the scam organization, the defendant actively cooperates in the investigation after the arrest, and the fact that there is no specific criminal power other than being subject to a minor fine due to the crime of this case.
The above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age, character and conduct, family relation, environment, occupation, etc. of the Defendant, and the sentencing shown in the records and arguments.