사기
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for ten months.
The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months for each of the Defendants) is too unreasonable.
Judgment
The defendants received 20% of the amount of fraud, and participated in the crime as a telephone counselor of the Bosing organization.
Common damages caused by the victims' participation in the crime are two victims and about 12.7 million won of total damages.
The criminal liability is heavy in that the Defendants participated in the organized and planned fraud crime.
However, the defendants reflect their mistakes, and all of them are the initial offenders.
In addition, the Defendants agreed to deposit or repay the amount of damage to the victims in the first instance as follows.
As the victims of the criminal organization in which all the defendants participated, they are jointly subject to recovery of damage.
Defendant
In evidence of the agreement on additional repayment of the victim's amount of damage (the amount of agreement out of the changed amount) deposited, approximately 1,064 (240), approximately 804 (240) agreed on October 24, 2017, at the preparatory hearing of November 8, 2017, the agreement 205 2000 ( approximately 94) agreed on October 24, 2017, submission of the normal data submitted on October 24, 2017, submitted CZ 1,064-- - - 1,064- - D 205 - - 200 agreed on November 17, 2017, the joint defendant was sentenced to imprisonment with labor for the victims 5, 205, 200 agreed on November 17, 2017, and 370,000 won (excluding the remainder of the damage suffered by the victims).
In comparison with the Defendants’ crimes, the following should be taken into account, and equity between the Defendants and the co-defendants of the lower court.
The recommended punishment according to the sentencing guidelines for two defendants A, A 2,378 1,703, two defendants 1,270 1,801,804, together with the court below's decision that changed the total amount of damage (per KRW 2,00) to the victim (per KRW 2,378 1,703) is two years to four years.
[Scope of Recommendation] Type 1 (less than KRW 100,00) in the increased area (two to four years) (two to four years) or many unspecified persons.