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The judgment below
Of the parts against the defendant, Busan District Court 2016 High Court 6461, 8303 (Consolidation), 2017 High Court 1247.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against the Defendant (a crime of fraud in the holding of the Busan District Court Decision 2017 High Court Decision 4877 Decided: imprisonment with prison labor for 2 months and for 3 years) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. We examine the Defendant and the Prosecutor’s assertion on the crime before the judgment becomes final and conclusive [the crime of fraud in Busan District Court Decision 2017 High Court Decision 4877].
If there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court, as there is no submission of new materials for sentencing in the trial on the basis of the foregoing legal doctrine, and the sentencing revealed during the pleading of the instant case goes beyond the reasonable scope of discretion, or is too heavy or unreasonable.
The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.
B. We also examine the defendant and the prosecutor's assertion on each crime committed after the judgment became final and conclusive [the crimes committed in Busan District Court 2016 High Court 6461, 8303 (Joint), 2017 High Court 1247, 1927 (Joint), 2561 (Joint), 2748 (Joint), 273 (Joint), 3051 (Joint), and the violation of the Labor Standards Act].
The crime of this case was committed by acquiring approximately KRW 3.5 billion in total from many victims and receiving approximately KRW 14.6 billion in the light of the content of the crime, which is a significant crime in light of the fact that the crime of this case was committed by the defendant, some of the crimes committed by the defendant were committed during the period of repeated crime, and there was a same record as the defendant.
However, the defendant made a confession to commit the crime of this case and reflects the mistake in depth.