사기
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for a year and eight months.
Defendant
C.
1. The summary of the grounds for appeal (e.g., the sentencing of the lower court (e., the sentencing of the Defendant B: two years of imprisonment; one year and ten months of imprisonment; one year and six months of imprisonment); and one year and six months of imprisonment) is excessively unreasonable.
2. Determination
A. The defendant in the judgment on the grounds of appeal by the defendant B obtained money from the victims by participating in the Bosing crime. Considering the fact that the social harm is very large, that the degree of participation is minor, such as taking part in the lending of telephone conversations with the victims, that the degree of participation cannot be said to be minor, such as taking part in the lending of telephone conversation with the victims, that there is not good quality of crime such as committing a crime in a planned and organized manner against many victims through a long-term period of time, that the damaged amount reaches a total of KRW 00,00,000, and that the profits the defendant acquired through the crime depends on the number of million, it is necessary to impose strict liability corresponding to the defendant.
However, in light of the fact that the defendant is led to the confession of and against the crime, the victim AF, J, AJ, AJ, K, and AM, and the fact that the above victims do not want to be punished against the defendant, the fact that the defendant is the first offender who has no criminal power, the circumstances favorable to the defendant are considered. In addition, in full view of the defendant's age, career, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the court below's punishment against the defendant is deemed to be unfair because it is excessively unreasonable.
B. The sentencing of Defendant C and D’s grounds for appeal is determined based on statutory penalty, based on the reasonable and appropriate scope, by taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, within a reasonable and reasonable scope. The Criminal Procedure Act of Korea, which adopts the trial-oriented principle and the principle of directness, also provides for the determination of sentencing.