사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (one year of imprisonment).
2. The Defendant’s crime of this case constitutes a so-called phishing crime against many and unspecified persons, and thus, constitutes a crime mainly for vulnerable victims, and thus, it is necessary to punish the victims of financial transactions, etc. with a large scale of harm and injury, such as impairing credibility of financial transactions, etc. and promoting an atmosphere of incompetence.
On the other hand, however, there is room to consider the circumstances that the defendant recognized the crime of this case and against the mistake, the first offender, the period of the defendant's participation in the crime of this case, the fact that the defendant seems to have never existed since the period of his participation in the crime of this case is short, and the defendant's participation appears to have been passive by the coercion of the accomplice, and there is a need to consider the level of punishment and equity for BD and BE (Cheongju District Court 2018No145).
In light of the above various circumstances, the sentence of the court below is unreasonable, considering all the conditions of the sentencing indicated in the arguments and records, such as the defendant's age, character and conduct, environment, means and result, etc.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;