범죄단체가입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years and by a fine of 1,00,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment and fine of one million won, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
The money that the defendant acquired by deception from the victims in collusion with the employees of Boishing shall be collected in full from the defendant in accordance with the Act on Special Cases Concerning Forfeiture and Restoration of Corruption Property (hereinafter referred to as the "Corruption Property Loss Act").
2. Determination
A. The crime of this case against the principal offender (the defendant and the prosecutor) is committed by the defendant after joining the criminal organization organized for the purpose of the Bosing crimes after leaving the Republic of Korea to China, and acting as a counselor, and the nature of the crime is not good. The crime of Bosing is committed systematically and systematically and systematically, thereby causing serious damage to many unspecified victims, and it is not easy to recover the damage. Since the social harm is very serious, the necessity of strict punishment is imminent, and the defendant was involved in the crime of this case in the desire to easily punish money, and the amount of damage is the maximum amount of 60,730,000 won, etc. are disadvantageous to the defendant.
However, it seems that the defendant recognized the crime of this case and is against the victim M and T among victims, and the period of participation in the crime is only one month, and the defendant's direct participation in the crime of defraudation as stated in the judgment of the court below seems to be only one case, and the defendant has no record of criminal punishment except for the defendant who was sentenced to a fine of one million won by violating the Military Service Act in 2019.
In addition to the above circumstances, the defendant's age, sex, environment, social ties, motive, means and consequence of the crime, and circumstances after the crime.