사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and nine months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of this case is committed by the Defendant’s employees of Bosing in China, taking part in the crime of Bosing 92.6 million won in total from the victims by means of arranging communications through the installation of equipment, etc. to convert the phone numbers indicated in the cell phone to domestic numbers, and taking part in the crime of Bosing 92.6 million won in the crime of Bosing 2.6 million won in addition thereto, and violated the Telecommunications Business Act in light of the law and content of the crime. The crime of Bosing scam is very poor in light of the law and content of the crime. Since the crime of Boscing is closely and systematically and systematically, it is difficult to regulate the crime, and the scope of damage is not easy to recover from damage, and it is highly harmful to the society. Therefore, it is strictly punished. The Defendant cannot find any trace that the Defendant made efforts to recover damage.
On the other hand, it is favorable for the defendant to make a confession of all of the crimes of this case and reflect his mistake when he comes to the trial. The period of his participation in the crime does not extend to the period of his participation, there is no profit gained by the crime, and there is no record of punishment in Korea.
In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.
Therefore, the defendant and the prosecutor's above arguments are accepted.