전기통신금융사기피해방지및피해금환급에관한특별법위반등
All appeals by the Defendants and the Prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. Defendants 1) Defendant A suffered economic difficulties and was involved in the instant crime, and there are circumstances to consider the circumstances. In light of the fact that the gains acquired by the Defendant from the instant crime was limited to one million won, and that the Defendant continues to endeavor to reach an agreement with the victims, the sentence imposed by the lower court (two years and six months) is too unreasonable.
2) In light of the fact that Defendant B was a minor at the time when he committed the instant crime, the Defendant was in profoundly against his wrongness and must enter the military after his release, etc., the sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.
B. In light of the fact that there is a need to strictly punish a public prosecutor’s telephone financing fraud crime, the Defendants play a role as a telephone counselor on their own, and the degree of their involvement was significant, and the measures for recovery from damage up to now have not been taken, the punishment sentenced by the lower court is too uneasible and unreasonable.
2. Determination
A. We also examine the defendant A and prosecutor's argument of unfair sentencing, and the prosecutor's argument of unfair sentencing.
The telephone finance fraud crime is a planned crime that has been closely prepared for many unspecified victims in advance, and there is a great need to strictly punish the crime because of the extreme benefit of the society.
The defendant played a key role in deceptioning the victims by directly communicating with the victims.
Although the Defendant paid part of the damage at the trial, the part of the damage caused by the instant telephone financing fraud crime is still not recovered until the trial is in fact.
On the other hand, the defendant has no record of criminal punishment except for punishment for two times with a fine of a small amount of punishment, and reflects his/her mistake in depth.
(b) other.