컴퓨터등사용사기등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. The amount of damage is not specified as KRW 19.6 million; the crime of telephone financial fraud, like this case, is committed in a systematic and planned manner against many unspecified victims, and is in need of strict punishment of the harm inflicted on society by massing a large number of victims. In particular, the above fraud is subdivided into each one's role and is systematically and systematically performed through a series of connections with other accomplices. In light of the characteristics of such crime, the defendant's act of lending his/her means of access to financial transaction, such as his/her passbook, and withdrawing cash in the middle is essential for all crimes, and it cannot be deemed that the degree of the defendant's participation is somewhat weak.
However, in light of the fact that the defendant made confessions of each of the crimes of this case and is in violation of depth, and in order to prepare treatment expenses for children whose health is not good, it appears that the defendant committed each of the crimes of this case in this case in order to prepare for the treatment expenses, and that the victim does not want punishment by mutual consent with the victim, and that the victim does not have any particular criminal record except for the suspension of indictment due to the crime of arranging stolen property in the past, and that there is no other criminal record, and that the court below's sentence is unfair because it is deemed that the sentence of the defendant is too too unreasonable, and the prosecutor's assertion is without merit.
3. In conclusion, the part of the judgment below excluding the order for compensation pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the prosecutor's appeal is justified.