전기통신금융사기피해방지및피해금환급에관한특별법위반방조등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. Ex officio determination: (a) the crime of aiding and abetting and aiding and abetting the Defendant in violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, and the crime of aiding and abetting the Defendant in violation of the Special Act on the Refund of Damage, and the crime of aiding and abetting the Fraud, shall be sentenced to the punishment within the term of punishment, which is necessary to reduce under Article 32(2) of the Criminal Act; and (b) the judgment of the court below has imposed the punishment with an excessive aiding and abetting
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The facts constituting an offense and summary of evidence acknowledged by the court and the summary of evidence are identical to the facts in the judgment of the court below, except where the "victim" of No. 18 of the judgment of the court below is deemed "victim F" as "victim F," and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and the occupation of aiding and abetting telecommunications fraud concerning criminal facts: The occupation of aiding and abetting fraud under Article 15-2(1)1 of the Special Act on the Prevention of Damage from Telecommunications Finance and Refund of Damage, and Article 32(1) of the Criminal Act: The choice of fines under Articles 347(1) and 32(1) of the Criminal Act;
1. Article 32 (2) of the Criminal Act, and Article 55 (1) 6 of the same Act, respectively, at the discretion of law;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall not exceed the aggregate of the maximum amount of the crimes of aiding and abetting the Violation of the Special Act on the Prevention of Damage from Telecommunications Finance with heavy punishment and the Refund of Damage)
1. Punishment to be suspended: Three million won;
1. Article 70(1) and Article 69(2) of the Criminal Act (Exchangeing ratio: one day.