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Defendant
All appeals filed by A, C and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and C’s respective punishments (ten months of imprisonment, two years of suspended execution, two hours of community service, 120 hours) are excessively unreasonable.
B. The prosecutor of the lower court’s each sentence (as against the Defendants A: 10 months of imprisonment and 2 years of probation, community service, 120 hours of imprisonment, 1 year of probation, 2 years of probation, and 3 million won of fine, 120 hours of community service, 10 months of probation and 2 years of probation, 120 hours of probation, 120 hours of community service, 1 year of probation, 2 years of probation and 5 million won of fine, 120 hours of community service, 120 hours of fine) is unreasonable.
2. Determination
A. It is a favorable sentencing factor that the Defendants did not have the same criminal record, Defendant C could be punished as if the judgment became final and conclusive in the case of a criminal defendant C, the Defendants’ confessions and reflects the fact that the collection business was carried out at present, and the Defendants actually received and collected individual claims, and thus, the amount of claims collected by each individual cannot be deemed to be large.
B. The period of the instant crime is more than four years, and the economic benefits that the Defendants acquired therefrom are considerable; in the case of Defendant D, it is not good that the Defendants used various unlawful methods in debt collection process, such as misrepresenting a police officer to obtain personal information, or preparing a false transfer/acquisition contract by arbitrarily creating the creditors’ seal, etc.; and the Defendants attempted to reduce the crimes in the initial investigation process.
C. In light of all the circumstances, such as the motive, means, and method of the instant crime, the circumstances after the instant crime, etc., the lower court’s respective punishment is too heavy or unreasonable.
3. As such, the appeal filed by the defendant A, C, and the prosecutor is without merit, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.