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Defendant
All appeals by prosecutors are dismissed.
The defendant shall obtain money 40,000,000 won from the applicant D to the applicant for compensation.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We examine the reasoning for appeal by the Prosecutor and the Defendant.
The conditions favorable to the defendant shall be as follows:
The defendant shows his attitude to reflect his mistake and agreed with some victims.
The defendant has two daughters to support the defendant.
The circumstances unfavorable to the defendant are as follows:
The accused has already been punished twice for the same crime (one time of suspension of execution and one fine).
Of the 11st victims of the instant fraud crime, an agreement was reached between two victims, and the sum of the amount obtained by the Defendant’s deception reaches KRW 194,00,00,000,000, and the amount of damage of the agreed victim is approximately KRW 11.20,000,000. The Defendant, even though he/she was given sufficient time to recover damage in the trial, did not reach an agreement and did not recover other victims’ damage. Rather, some victims submitted a written application for the strict punishment of the Defendant.
In full view of such circumstances as above, the Defendant’s age, sex, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing, it is not recognized that the punishment determined by the lower court is too heavy or too unreasonable.
Defendant
The prosecutor's ground of appeal is without merit.
3. Determination on applications for compensation order
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the applicant D’s claim, it is recognized that the Defendant inflicted damages of KRW 40,000,000 on the part of the applicant for compensation due to the act of fraud, such as the criminal facts in the judgment, etc.
However, the above applicant filed an application for compensation with the same content in the original judgment, and concluded the pleadings in the original judgment.