사기
Part concerning Defendant A and C in the judgment of the court below is reversed, respectively.
Defendant
A Imprisonment with prison labor for two years, and Defendant C.
1. The summary of the reasons for appeal is unreasonable because it is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, one year and six months of imprisonment, one year and six months of imprisonment, and one year and four months of imprisonment) is too unreasonable.
2. Determination
A. Defendant A was involved in the so-called “singing” crime committed against an unspecified number of unspecified victims in a systematic intelligent plan, and such a “singing crime” crime is very likely to undermine the safety and order of trading, and public credibility.
The defendant served as a telephone counselor who is an incentive book, and the defendant's role is essential in the Bosing criminal organization.
The amount of fraud caused by the criminal defendant's participation exceeds KRW 160 million.
Furthermore, the defendant is more likely to be criticized in that he committed the crime of this case during the period of repeated crime.
However, within the same criminal organization, has served as a more core than the defendant;
It is necessary to consider the balance between punishment cases and punishment cases for other accomplices.
The defendant has shown an attitude to make a confession of all the crimes of this case and to reflect his mistake, and the crime of this case must consider equity with the case where the crime of this case is judged concurrently with the crime of acquiring the stolen property in the judgment below.
The defendant agreed with some victims in the court below.
In full view of these circumstances, in full view of the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court on the Defendant is unreasonable.
B. Defendant B appears to have an attitude to make a confession of all the crimes of this case and to reflect his mistake in depth. The court below held that the Defendant agreed with some victims, and the period of the Defendant’s participation in the crime of this case is obvious.
The defendant is not capable of being subject to criminal punishment exceeding the suspended sentence prior to the crime of this case.