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The judgment below
Part of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The fact that the defendant is both starting to commit the crime, that is a student studying in Korea, and that there is no record of criminal punishment in Korea is favorable to the defendant.
On the other hand, the crime of this case is committed so-called " Bosishing" in a systematic and systematic manner that takes money from victims, and there is a very serious personal and social harm, so it is necessary to punish the persons involved in the crime strictly. The defendant's participation in the crime of this case is not easy, such as the defendant's participation in the Financial Supervisory Service by preparing a false document to take measures for cash collection, etc., and the defendant actively committed each crime of this case five times during four days, such as Seoul Gangnam-gu, Gangseo-gu, Gangseo-gu, Gangnam-gu, and Daejeon, Seoul. The victim is a large amount exceeding KRW 100 million, the victim is more than four, and it is difficult to recover damage in the future.
Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the prosecutor's appeal is reversed on the grounds of its reasoning, the court below's appeal shall not be dismissed separately). 【The criminal facts and the summary of the evidence admitted by the court below are different from the judgment of the court below.