사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is highly harmful to society as a so-called singishing crime, and the crime is committed systematically and planned against many unspecified persons, and it is necessary to severely punish subordinate employees who participated in only part of the crime because it is difficult to arrest the entire organization. The Defendant, as a collection measure in the course of each of the crime of this case, played a major role, such as holding forged documents regarding “civil petitions for tracking financial accounts” committed by the Financial Services Commission to the victims, and receiving money from the victims as if he were an employee of the Financial Services Commission. The Defendant’s assertion that the total amount of damages from each of the crimes of this case exceeds KRW 210 million,00,000,000, and even according to the Defendant’s assertion, it is disadvantageous to the Defendant.
However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable, and considering the following factors: (a) the defendant has no record of criminal punishment; (b) the defendant has agreed with the victim B and D by paying a certain portion of the amount of damage; (c) the court below has agreed with the victim B and D; and (d) the defendant has agreed with the victim C and agreed with the above victim at the trial; and (c) the fact that the family and branch members of the defendant want to take the defendant's prior wife, etc.; and (d) the fact that the social relation is clear, such as the defendant's family and branch members, and the fact that the
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.
[The reasons for the ruling of multiple times] Criminal facts and summary of evidence shall be the court.