사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (one year and four months of imprisonment) by the lower court is too unreasonable.
2. As a result of the instant crime, the amount acquired by the Bosing staff for the instant crime was about KRW 33.5 million, and the Defendant still did not recover from damage even in his name, and the Defendant had the same criminal record.
The so-called “wishing” crime, such as the instant crime, is committed in a systematic, planned, and intelligent manner, and is highly harmful to society, and as it is difficult to arrest the entire organization, it is necessary to severely punish even if only part of the crime is involved.
This is disadvantageous to the defendant.
However, the defendant shows the form of recognizing and opposing the crime of this case.
The defendant took part in the crime of this case as the so-called "string", and the degree of his participation is relatively heavy.
The equity between the instant crime and the instant crime of aiding and abetting fraud, etc., which became final and conclusive on October 23, 2018, shall be taken into account when the judgment was rendered at the same time.
This is the circumstances favorable to the defendant.
In full view of such circumstances and circumstances as the defendant's age, environment, character and conduct, motive of the crime, circumstances before and after the crime, equality in punishment, etc., it is determined that the sentence of the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the Criminal Act.