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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We also examine the grounds for appeal by the Defendant and the Prosecutor.
The Defendant appears to have committed the instant crime in a timely and consistent manner, and committed the instant crime in depth.
In addition, in the occurrence of the crime of this case, it is proposed that only a photograph of foreign currency equivalent to about 50 billion won can be invested in 10 billion won out of the money for the said check, and it is also liable to some victims who delivered the money under the pretext of the Defendant, such as the fee for issuance, etc., on their own initiative.
B. The defendant acquired only a part of the money obtained through the fraud of this case, and the remainder money seems to be brought about by C, an accomplice.
In addition, the fact that the defendant has no record of criminal punishment until now has to be considered favorable to the defendant in the course of determining the punishment for the crime of this case.
Meanwhile, the crime of this case was committed by the Defendant in collusion with C by using approximately 50 billion foreign exchange receipts in excess of 50 billion won, thereby obtaining KRW 160 million from the victims under the pretext of the fee for the issuance of the said checks. It is not that the illegal act and as a result, the punishment for the illegal act are not less complicated.
In addition, when considering the fact that the defendant has failed to pay the victims the remainder of the money obtained by deceit, it is necessary to strictly punish the defendant corresponding to his/her criminal liability.
Various circumstances mentioned above have already been fully reflected in the lower court’s sentencing judgment.
In full view of other circumstances, including the Defendant’s age, sex, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing (one year of imprisonment).