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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for one year and two months.
Reasons
1. The summary of the grounds for appeal by the Defendants (one year of imprisonment with prison labor for the Defendants A, B, and one year and six months of imprisonment with prison labor for the Defendants C) is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A was committed by the victims by having them make contributions to the K Farming Association established by the Defendants (hereinafter “the instant association”) and inducing the victims to participate in the crime of this case by again paying allowances for the recruitment of union members, and not only spread at a rapid rate of damage but also at an unspecified number of unspecified victims.
Furthermore, since the amount of damage caused by the instant crime was so much as to have not been completely recovered from the victims, there is a need to punish the Defendant strictly in light of the fact that the Defendant distributed the money received from the members of C along with C and distributed Blus to the members of the Association.
However, it seems that the benefits earned by the defendant were not significant due to the crime of this case, and the victims seems to have expanded damage to the crime of this case, the defendant committed the crime of this case by the proposal of C while supplying B and I with B and I, which seems to have been committed with B and I, and it seems to have been committed with dolus negligence. The court below agreed with some victims and agreed to the crime of this case, and there was no other criminal record except for punishment with three times of fines, and there was no other criminal record except for punishment with the same criminal record. Other various circumstances that form the conditions for the sentencing as shown in the records, such as age, environment, occupation, occupation, economic situation, health status, criminal records, criminal motive, etc., and the scope of guidelines for sentencing [the range of guidelines for sentencing [the amount of general fraud (not less than KRW 100,500 won, but less than KRW 500,000,0000)] under the criteria for sentencing of the Supreme Court.