전기통신금융사기피해방지및피해금환급에관한특별법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment) is too unreasonable.
2. The instant telephone financial fraud crime, in which the Defendant was involved, is an organized, planned, or intelligent crime against many and unspecified persons, and is of great social disorder, the amount of fraud reaches KRW 48.9 million, and the Defendant was subject to suspension of indictment for two times in 2010 and 2011 as a crime of violating the Electronic Financial Transactions Act that transferred the electronic financial transaction access medium to another person, and the Defendant again committed the instant crime even if he had the record of being punished by a fine in 2015, it is necessary to punish the Defendant with strict punishment.
However, in full view of the following factors: (a) the Defendant recognized the crime; (b) the Defendant appears to have been detained for more than six months; (c) the victim could have been able to receive the full return of the money by deception by applying for suspension of payment to the account of the Defendant immediately after the crime; (d) the Defendant had no record of being sentenced to the suspension of execution or more; (b) the motive and background of the crime including the Defendant’s appearance of disability; (c) the method and consequence of the crime; (d) the circumstances after the crime; (e) the degree of participation in the crime; (e) the Defendant’s environment; and (e) the conditions of various sentencing; and (e) the scope of the punishment recommended according to the sentencing guidelines of the Supreme Court (where the crime of fraud, organized fraud, type 1 (less than KRW 100 million), mitigated area (where significant damage was recovered); (e) the period of imprisonment with prison labor for one year - two years and six months); and (e) the period of suspension of execution
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court shall be all of the judgment below.