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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for each of the Defendants, eight months of imprisonment) is too unreasonable.
2. (i) Determination of Defendant A’s assertion is favorable to the Defendant, such as the fact that the Defendant recognized all of the instant crimes and reflected, and that KRW 20 million out of the amount of damage appears to have been returned to the Victim H.
However, the Defendant appears to have contributed to the occurrence of the instant damage by directly participating in deception against the victims, such as showing the list of the nominal holders of the non-real-name passbook or the name of the warehouse in which the gold was stored, or referring to the purport that the Defendant is the responsible manager of a specific object, etc., and making a decision on the occurrence of the instant damage by directly participating in deception against the victims. The Defendant, after receiving 100 million won from the victims, prepared a certificate of cash custody in the name of the victims (Defendant B is stated as the guarantor) and then deposited the account of the JJ with prior consent in advance and withdrawn the amount of KRW 70 million out and used part of the money (the Defendant’s assertion that Defendant B led to the instant crime is difficult to accept), even in the name of the amount equivalent to KRW 80 million,000,000, the remaining amount of damage was not supported by any particular measure to recover the damage, and committed the same kind of crime beyond the reasonable scope of discretion.
subsection (b) of this section.
Therefore, the defendant's assertion is without merit.
The circumstances favorable to the Defendant are the following: (a) the Defendant’s judgment on the Defendant’s assertion that all of the instant crimes were recognized and reflected; and (b) the amount of KRW 20 million out of the amount of damage appears to have been returned to the Victim H.
However, the defendant introduces the defendant A to the victims, and his identity.