사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The fact that the defendant joined the telecommunications-based financial fraud organization and directly phoneed to the victims of fraud in China to make a personal information database, deceiving the victims, and distributed the defrauded money is very poor to commit the crime, and there is a very strict punishment that has a great impact on society due to the organized and repeated crimes.
However, the defendant voluntarily deviates from the telecommunications-based financial fraud organization and does not seem to have been the leading position in the above organization.
The Defendant agreed with the victims of the instant criminal facts.
The defendant is the primary offender, and is relatively old.
In the case No. 2016No301, N, who had worked as an organization of the defendant as the defendant, the defendant was sentenced to a lower sentence than the sentence that the defendant received at the court below, and the judgment becomes final and conclusive, taking into account the equity with other accomplices.
In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc. as shown in the argument of this case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of the recommended sentence between June and January 6), and the basic area (the period of imprisonment between June and January 6) (the period of less than 100 million won) of the basic area (the period of imprisonment between June and June 6) (the period of special mitigation) (the period of one year and June) of the basic area (the period of one year and June) of the defendant, or the cases of repeated crimes against many unspecified or unspecified victims during a considerable period, it is determined that the punishment imposed by the court below against the defendant is inappropriate.
Therefore, the defendant's argument is justified.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.