사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Evidence seized by the defendant 1 to 1.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The defendant, while playing a total market of illegal sports gambling sites, had many and unspecified persons advertise for betting and deceiving them into the awareness that there is a need for various additional amounts to money in order to exchange.
The crime of this case is a systematic and planned fraud using the Internet against many and unspecified persons, and it is necessary to severely punish the crime, as well as the amount of fraud other than the criminal facts related to the criminal proceeds distributed to the defendant as a total market, and the defendant is liable as an accomplice.
The defendant has played a leading role as a total board, and it has been changed to the effect that it is only a simple withdrawal at the time of the initial investigation, and submitted evidence by manipulating evidence.
On the other hand, the following conditions are favorable.
When the defendant is in a trial, he recognizes the crime and reflects it.
The defendant agreed to most of the victims related to criminal proceeds received by the defendant and the court below, and paid 6.2 million won in addition to the court below.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the age, character and conduct, and environment of the Defendant, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
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.
[C] Criminal facts and the summary of evidence admitted by this court are limited to the revision of "the defendant A's partial statement in court" in the summary of evidence of the judgment below to "the defendant A's oral statement in court".