전기통신금융사기피해방지및피해금환급에관한특별법위반등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant was merely a person who was simply involved in the crime of telephone financial fraud and was not planning or leading the crime of telephone financial fraud, and that the Defendant is against his fault in depth, and that the Defendant continues to agree with the victims, etc., the sentence imposed by the lower court (two years and six months) is too unreasonable.
2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the terms and conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no special circumstance or change in circumstances that may be newly considered after the pronouncement of the lower judgment.
The telephone finance fraud crime is a planned crime that has been closely prepared for many unspecified victims in advance, and there is a great need to strictly punish the crime because of the extreme benefit of the society.
In the telephone finance fraud group, the defendant played a key role in deceptioning the victims directly by telephone.
B. In addition, as the telephone financial fraud group in which the Defendant was involved was discovered to the police, the Defendant continued to commit the crime of fraud by taking part in the fraud group by deceiving the money by taking money out of the police.
On the other hand, the defendant has no record of criminal punishment, except punishment imposed once with a fine of a small amount of punishment.
The defendant is able to repent his mistake in depth and live faithfully without reoffending in the future.
In addition, all the sentencing factors shown in the records and arguments of this case, such as the age, sex, environment, and motive of crime, including those favorable or unfavorable to the defendant.