사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence No. 1 shall be confiscated.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than one year (two years of suspended sentence) and 80 hours community service) of the court below is deemed to be too uneasible and unfair.
2. Determination [Ligue circumstances] The Defendant agreed to pay the victims the full amount of the damage to the victims as the first offender.
The defendant does not lead the criminal defendant to commit the singishing.
【Unfavorable circumstances】 The Defendant was engaged in the collection of the means of access by Bosing Organizations and cash withdrawals.
Since Bosing is serious in social harm, it is necessary to punish strictly regardless of the degree of participation.
In full view of the above circumstances, Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and previous convictions, etc., the lower court’s punishment is deemed to be too minor.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and the choice of imprisonment with prison labor for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Scope of applicable sentencing under the Act on the Grounds for Sentencing under Article 48(1)1 of the Confiscation Criminal Act: The application of sentencing guidelines [the scope of recommending punishment] to the category 1 (less than KRW 100 million) in the mitigation area (one to two years and six months) (special mitigation factors) in the mitigation area (one to two years and six months), the exemption area (special mitigation factors), the exemption of punishment, or the recovery of considerable damage to an unspecified or unspecified number of victims.