사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The subordinate branch office of the Daegu District Public Prosecutor's Office that has been seized.
1. The lower court’s sentence (a year and six months of imprisonment, confiscation) is too unreasonable as to the gist of the grounds for appeal.
2. As the instant crime is a crime committed in a systematic and planned manner against many and unspecified persons, the nature of the crime is very bad, such as making the economically and socially weak persons a major target of the crime, and causing more difficult situations to them by using the brupted wife, and the scope of damage is expanding as the method of crime becomes more intelligent, and the scope of damage is expanding in a discriminatory and is also expanding the scope of damage is not easy to recover from damage. Therefore, in order to eradicate this, it is necessary to strictly punish the persons who participated in the crime.
The access media lent by the defendant was actually used for multiple fraud crimes, and the phone number offered by the defendant was also used for fraud crimes.
However, the court below's punishment is too unreasonable in light of the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, etc. and various sentencing conditions specified in the records and arguments, such as the records and arguments, are considered as follows: (a) there is no record of punishment for the same kind of crime; (b) the victim Q and agreed with the victim Q and discharged five million won to the victim B; and (c) the court below was considered as a favorable reason for sentencing. However, in the first instance, the court below's punishment is too unreasonable in consideration of various sentencing conditions specified in the records and arguments of this case, including the fact that the victim did not want the punishment by mutual consent with
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.
[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.