사기
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Each sentence of the lower court (Defendant A: imprisonment with prison labor for one year and confiscation, Defendant B: imprisonment with prison labor for six months and confiscation) is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. Defendant A’s judgment on the crime of this case is the time of the crime of this case and the mistake is divided. All favorable circumstances such as the fact that Defendant A did not have any particular power except for the punishment imposed once for the crime of this type, the actual proceeds of the crime are not high, and the crime of Bosing is not easy to detect a number of victims, and the crime of Bosing requires strict punishment as a malicious act that breaks the foundation of society because it is difficult to recover damages. In addition, the crime of this case exceeds the total amount of 20 million won due to the crime of this case. In particular, Defendant A takes a key role in withdrawing money from the so-called large passbook to deposit into another passbook in light of the criminal situation and the applicable law, it is unfavorable that the crime of this case is committed, and there is no injury to the victims except for the victim R until the trial is bad, and the records of the crime of this case and circumstances before and after the crime of this case are not recovered, and the judgment of the court below is not excessive or too harsh.
3. Defendant B’s judgment as to the instant crime is favorable to Defendant B, and there is no record of being punished or sentenced to a fine due to the same kind of crime, the actual proceeds of which are not so much high, and the fact that Defendant B agreed with the victim R in the trial is favorable to Defendant B.
However, as seen earlier, the necessity of strict punishment for the crimes of Bosing is great, and a number of crimes of this case is caused by the instant crimes.