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Defendant
All appeals by prosecutors are dismissed.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of imprisonment (two years of imprisonment) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below determined punishment within the scope of the recommended sentencing guidelines according to the sentencing guidelines established by the Supreme Court, taking into account various factors of sentencing, such as the inferior nature of the crime, the number of victims and the defraudeds, the considerable amount of money that they acquired, the victims are not agreed, the fact that there is a history of punishment for the same kind of crime, the fact that there is a misunderstanding, the fact that there is a misunderstanding, the fact that part of the damage has been recovered.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.
C. Therefore, the argument of unfair sentencing is without merit.
3. BD, which is an application for compensation, is dismissed, refers to the case where: (a) the payment of KRW 16.2 million in fraud; (b) 9.6 million in fraud; and (c) H, which is the application for compensation, seeks the payment of KRW 8,222,00 in deceptive money; but (c) the scope of liability for damages is not clear; and (d) it is not reasonable to issue a compensation order.
4. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.