사기등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and confiscation) of the lower court is too unreasonable.
2. Determination
A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)
The circumstances alleged by the Defendants as favorable factors for sentencing in the trial court have already been revealed in the proceedings of the trial of the court below, and there is no change in the circumstances favorable to the sentencing criteria after the sentence of the court below was pronounced.
The crime of this case is highly likely to be socially criticized in that the crime of this case amounts to an unspecified number of victims and is committed systematically.
The defendant takes charge of the role of the delivery of cash under the direction of the accomplice. This act of the defendant is an important role in ultimately acquiring the money that the person who is the accomplice obtained by deceit.
The amount obtained by the defendant by taking part in the crime is about 7.7.