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Defendant
All appeals by prosecutors are dismissed.
Reasons
Summary of Reasons for Appeal: Improper sentencing
A. The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. The crime of this case is a false statement to the victims as if the defendant was able to pay a large amount of money through the bond business and borrowed money, and as if the principal could have been repaid immediately, he/she acquired money from the victims.
The lower court: (a) under favorable circumstances in which the Defendant recognized all of the crimes; and (b) partially paid the victims the amount of damage under the pretext of principal or interest; (c) again committed the instant crimes despite the fact that the Defendant had been punished several times of the same kind of crimes; and (d) in light of the background, method, frequency, amount of damage, etc., the nature of the crime is not good; and (d) the considerable part of the damage was not recovered; and (e) was not reached an agreement with the victims, the lower court determined the sentence against the Defendant by
If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing of the lower court appears to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial.
The defendant used money totaling up to KRW 1.9 billion from seven victims to use it as living expenses or to repay other debts.
The defendant again went to commit the crime of this case even though he had been punished for the same kind of crime, including the prison sentence.