사기등
The defendant's appeal is dismissed.
1. The sentence of the lower court (two years of imprisonment and of confiscation) is too unreasonable in light of the gist of the grounds for appeal (unfair punishment) that the Defendant’s participation in the instant crime is minor, etc.
2. It is recognized that the defendant did not have the same power and did not have the direct profits of the defendant due to a crime.
However, the crime of this case is a case where the defendant recruited the means of access used for the so-called Bosing crime and delivered it to the withdrawal book, and the degree of the defendant's participation as a whole as a means of access of the host organization cannot be deemed to be minor.
The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.
Although the amount of damage in this case exceeds KRW 76 million, there is no effort to recover damage up to the trial.
In addition, the sentencing guidelines for systematic fraud against many unspecified victims, the motive for the crime of this case, the circumstances after the crime of this case, the age, character and conduct, and criminal records, which are the conditions for sentencing as shown in the records and pleadings, do not change compared to the original judgment. In full view of all the above circumstances, the sentence of the lower court seems appropriate (it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion), and the defendant's assertion is without merit.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.