사기등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than two years and six months.
Defendant
A.
1. The summary of the grounds for appeal is improper because each sentence of the lower court against the Defendants (defendant A: imprisonment of 2 years and 6 months; imprisonment of 2 years and 9 months) is too unreasonable.
2. Determination
A. Determination on Defendant A’s unfair assertion of sentencing is favorable to Defendant A, such as the fact that Defendant A led to a confession and reflects on the instant crime, the first offender, the fact that Defendant A agreed with the victimO in the lower court, and the fact that Defendant A actually acquired profits due to the instant crime was partially limited to the total amount of fraud.
However, as in this case, the so-called Bosing crime like this is a crime that induces many and unspecified victims in a systematic and professional manner, and is highly harmful to the victims and society, and the defendant A assumes the role of monitoring the organization members who misrepresente employees of the Financial Supervisory Service and receive the payment of the money by fraud from the victims or receive the money by fraud by using a forged document and takes charge of the degree of such participation, and the amount obtained by the defendant A's participation is a large amount of KRW 147 million in total, and there is no change of circumstances that may be favorable to the defendant A during the trial, and other various factors of sentencing as shown in the argument in this case such as the defendant A's age, sexual behavior, environment, circumstance and consequence of the crime in this case, and circumstances after the crime, etc., it is not recognized that the court below's excessive punishment is unfair. Thus, the defendant A's improper assertion of sentencing is without merit.
B. The so-called Bosishing crime, such as this case’s judgment on Defendant B’s unfair argument of sentencing, is highly harmful to the victims and society, and Defendant B assumes the role of monitoring the members who received the payment of the money by deception, and the role of receiving the money by fraud from the victims through forged documents, and the degree of his participation.