사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant, in a systematic and planned manner, was involved in the so-called phishing fraud, by which the Defendant took part in the so-called phishing fraud, and there is a need to strictly punish the persons who participated in the instant crime due to a serious personal and social harm. A large amount of damage caused by each of the instant crimes reaches approximately 60,000,000 won, the victim K and L did not receive any remedy, and the damage was not recovered, etc. are disadvantageous to the Defendant.
However, in full view of all the circumstances, including the defendant's age, sex, environment, background of the crime, circumstance after the crime, etc., as well as all other favorable circumstances, such as the defendant's age, sex, and criminal conduct, circumstance of the crime, and circumstance after the crime, etc., the court below's punishment is too excessive and unfair. Thus, the defendant's argument on the punishment of the defendant is justified, since the court below's punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. Aggravation concurrent crimes;