사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Nos. 3 and 4 of seized evidence from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and confiscation) imposed by the court below is too unreasonable.
2. On the other hand, the judgment of the court below shows the attitude of recognizing and opposing the crime of this case. At the court below, the court below deposited one million won for the victim of fraudulent aiding and abetting, agreed with the above victim and expressed his intent that the above victim would not want the punishment of the defendant. On the other hand, the court below's punishment against the defendant is somewhat inappropriate in light of the following factors: the defendant's age, character and behavior, environment, and circumstances after the crime, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts (the point of lending means of access to the promise of payment), Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of keeping means of access to the means of crime) and Articles 347(1) and 32(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 48(1) of the Criminal Act are as examined in Article 48(2) of the Criminal Act, and the sentence is determined as per Disposition.