사기미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. The crime of Bophishing is committed in a systematic and systematic manner against many unspecified victims, causing damage that is virtually difficult to recover to the victims, and is highly likely to cause social harm to the victims. Since the Act on the Punishment, etc. of Crimes is intelligent and widely spreads to unspecified persons in an unspecified manner, it is necessary to severely punish them to eradicate the crime regardless of the degree of their participation.
However, in full view of the following circumstances: (a) the instant fraud was only once, and the attempted crime was only one time, and there was no actual damage; (b) the Defendant recognized and opposed to the attempted crime; (c) the Defendant voluntarily appeared at the investigative agency after the arrest of B, who is an accomplice, and voluntarily surrenders to the investigation agency; and (d) the Defendant’s age, character and conduct, environment, circumstances and motive leading to the commission of the crime, and all other circumstances constituting the conditions for sentencing specified in the instant records and arguments, including the circumstances before and after the commission of the crime, the lower
Therefore, we accept the defendant's argument.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 352, 347(1) and 30 of the Criminal Act that choose a punishment, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, the choice of imprisonment with labor
1. The former part of Article 37 of the Criminal Act among concurrent crimes;