사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than nine months.
1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.
2. In light of the form, method, frequency, etc. of each of the instant crimes, it is recognized that the Defendant committed each of the instant crimes without being aware of the period of repeated crime due to Internet fraud crimes under the several laws, such as this case, even though the Defendant had been punished not only once, but also had the record of being punished for the same kind of crime.
However, considering the following facts: (a) the Defendant’s mistake is divided; (b) the amount of fraud is not much 2,415,500 won in total; (c) a considerable number of fraudulent victims have been repaid in the original trial; and (d) the amount of damage has been deposited for the victims of the rest of fraud; (b) the number of means of access leased; (c) the number of the means of access; (d) the Defendant’s age, character and conduct; (e) the motive, means and consequence of each of the instant crimes; and (e) the circumstances after the crime were committed, the lower court’s punishment is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: the remittance account No. 1 listed in the annexed Table 1 of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the case where No. AC is deemed as No. 1 listed in the annexed Table 1 of the judgment of the court below as No. 369.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (including borrowing a means of access) concerning the selection of punishment, Article 347(1) of the Criminal Act, and Article 347(1) of the same Act, the selection of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;