사기등
All the judgment below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
except that this shall not apply.
1. The gist of the grounds for appeal is that the original sentence (one and half years of imprisonment with prison labor for Defendant A and one year of imprisonment with prison labor for Defendant B) is unreasonable.
2. In light of the fact that the crime of this case committed by the Defendants was committed by taking part in the so-called telephone financial fraud crime that causes damage to many unspecified victims, thereby leading to the acquisition, withdrawal, transfer, etc. of the means of access, and that the crime is inferior and is highly likely to be socially criticized, the Defendants should be punished with strict punishment corresponding to the act.
However, at the court below, Defendant A agreed to reimburse the victim H, S, and R of the instant fraud, and the victim T made an additional deposit of the amount exceeding the amount of damage after depositing the amount of damage to the court below. Defendant B made an additional deposit in the court below after depositing the amount of damage to the victim L and U.S.; Defendant B made all the Defendants agreed to agree with the victim of the instant fraud or made every effort to recover the damage; all the Defendants made an additional deposit in the court below; Defendant B led to the commission of the damage amount to the victim L and U; and each of the Defendants led to the fact that the crime was committed in the court below, and led to the confession and depth of the crime; the amount of individual damage was not large; the degree and gains of the Defendants’ participation in the crime were not large; all the Defendants did not have the same kind of criminal records and heavy criminal records; and in consideration of the motive and circumstances of each of the instant crimes; degree of effort to recover the damage; circumstances after the crime; the Defendants’ experience in the crime; and various sentencing records and arguments, etc., each sentence against the Defendants is unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.