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1. Each part of the judgment below regarding the victim C shall be reversed.
A defendant shall be punished by a fine of three million won.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of imprisonment) is too unlimited and unfair (the defendant filed an appeal for the sole reason of the unfair sentencing on the first trial date).
. 2. Determination
A. The court below decided that each part of the crime of fraud against the victim C was sentenced to the punishment of two-month imprisonment for each of the above crimes, and that the defendant agreed smoothly with the victim and that each of the above crimes of fraud should be considered at the same time with the judgment of the court below, and that the defendant's age, sex, family environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and changes theory of this case including the defendant's age, sex, family environment, motive, means and consequence of the crime. The above punishment sentenced by the court below is too unreasonable, considering the circumstances after the crime.
Therefore, this part of the defendant's argument is justified.
B. The court below, on the grounds as stated in its reasoning, has determined the punishment of two years and ten months for each of the above frauds against the rest victims. The circumstances alleged for sentencing favorable to the judgment of the court below are deemed to have been sufficiently taken into account when determining the punishment at the court below, including the following: (a) the defendant was sentenced to the punishment of two years and one hundred (3) months of imprisonment for each of the above frauds; (b) the defendant was dead when he was living in China for a long time when he was living in China during the escape; and (c) the defendant was suffering from brain scambling, etc.; and (d) the amount of damage caused by this part of the frauds is considerably high; and (e) the criminal records of criminal punishment for the same frauds by the defendant were not received from most victims until now (including three times of imprisonment with prison labor) and all of these parts of frauds correspond to the punishment of the defendant within one (1) year after being released on April 6, 2005.