사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, confiscation) that the court below sentenced against the defendant is too uneasible and unfair.
2. The so-called Bophishing fraud crime is not only organized, planned, intelligent, but also committed mainly against the financial and social weak, and thereby, massing many victims within the nation. As a result, many victims and members of the society are incomforcing state agencies or financial institutions, which have a serious adverse effect on the trust relationship in the whole society, so the crime is very poor and the possibility of social criticism is also very poor.
However, it is favorable to the defendant that the defendant led to the crime of this case and reflects his mistake, that the defendant restored the damage caused by the crime of fraud and agreed with the victim smoothly, and that it is the first offender who has no criminal power.
In light of the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the punishment differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Committee [the scope of recommending punishment] the mitigated range (one year to two years and six months) (special mitigation] under the mitigated range (one year to two years) (one year and six months): The final sentencing range according to the mitigated range of punishment (special mitigation] under the mitigated range of punishment (special mitigation]: imprisonment for at least one year (the above fraud is in the concurrent relationship between each electronic financial transaction act against which no sentencing guidelines have been set and the former part of Article 37 of the Criminal Act, and the lower limit of the recommended sentence for fraud is applied). Thus, the prosecutor's above is not deemed unfair since the sentence of the lower court is too unreasonable.