사기등
All the judgment below is reversed.
Defendants shall be punished by imprisonment for ten months.
1. The decision of the court below on the gist of the grounds for appeal (a fine of KRW 15 million) is deemed to be too uneasible and unfair.
2. It is recognized that the degree of the Defendants’ participation in the crime of Bosing as a whole and its role are not more serious than those of other accomplices, and the extent of the benefits actually accrued is not much significant.
In addition, in the case of Defendant A, the interests to be tried together with the finalized fraud case should be considered.
However, this case is a case where the defendants participated in the so-called Bosing crime, and the circumstances where it is difficult to arrest the entire organization or recover the amount of money obtained by deception due to the nature of the Bosing crime committed in the form of the occupied organization, and the Bosing crime should consider the adverse effect on the whole society of Korea.
The purpose of this case is to provide loans to ordinary people.
In a case where a person who installed a malicious program and deducts financial information, the nature of the crime is not less and less than 20 million won from 7 victims’ total amount of damage, and the Defendant A’s payment of part of the damage to the two victims and the agreement was reached, it cannot be deemed sufficient to recover the damage.
Defendant
B was involved in Defendant A’s proposal, but it was during the period of repeated crime and led to recidivism.
As in the instant case, “salvic fraud (amount less than KRW 100,00)” that committed organized and specialized crimes after a large number of persons play a role in advance and planned in advance is determined to be sentenced to imprisonment with prison labor for a term of less than one year and six months, and the basic area of sentencing is set to be three years with prison labor for a minimum of one year and six months, and may be deemed to have an aggravated factor
In addition, considering various circumstances, such as the motive of the instant crime, circumstances after the instant crime, the Defendants’ age, character and conduct, and criminal record, and the sentencing conditions as shown in the records and arguments, the lower court’s sentence is too unreasonable.