사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation) is too unreasonable.
2. The judgment of the court below is based on the following circumstances: (a) the crime of Bophishing was committed in an organized and planned manner; (b) social harm is very large; and (c) only part of the crime was involved because of the difficulties in arresting the entire organization; and (d) the defendant plays a role in collecting cash by deceiving the victim while serving as an employee of the Financial Supervisory Service; and (c) the defendant took a role in collecting cash as a member of the
Meanwhile, the Defendant’s crime was committed one day, and the victim’s damage was completely recovered prior to the prosecution, and the above victim did not want to be punished by the Defendant, and the victim I returned the full amount of damage on the day of the crime to the victim I, thereby recovering the entire damage caused by the instant crime, and the Defendant’s spouse and other family members have been able to keep the Defendant from repeating the crime. It seems that social ties relation is solid, such as the Defendant’s spouse and other family members have been able to live in prison for about six months, and it is favorable to the Defendant that there was no record of punishment exceeding the fine.
As such, taking into account the unfavorable or favorable circumstances to the defendant as above, all other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the scope of sentencing recommended according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (one year to two years).
1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the organizational fraud [type 1] below 100 million won (special sentencing person]. The factors to mitigate the punishment are not punishable or significant damage has been recovered (the scope of recommendations and recommendations).