사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
All of the applicants' applications for compensation are dismissed.
1. The defendant asserts that the defendant's punishment of the court below (two years and six months of imprisonment with prison labor) is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.
2. The judgment of the defendant recognized the crime of this case, the first offender, the defendant's family members and some victims want to leave the ship, each agreement from the victim AR, BE, and the victim M, A Q and AT was submitted at the trial of the court below, and the defendant deposited part of the money for the victim AS in the trial of the party.
However, since the crimes of Bosing, such as the instant case, are often conducted in connection with foreign residents, such as China, there are many cases where our judicial authorities do not eradicate any situation that can not be easily arrested, and its methods are also accelerating. The crimes committed against many, unspecified, and multiple victims without permission, which cause unrest and uneasiness in society, and the degree of harm and injury is very high, and thus, the necessity of strict punishment is high.
The crime of this case is very organized, systematic, and intelligent, and the defendant has a strong role in the leading role in collecting and transporting accessible media and delivering cash withdrawals in China with those who have overall control over the licensing business in China. Furthermore, the defendant has a strong degree of involvement in the crime of this case, such as delivering it to the subordinate staff upon instructions from those who have overall control over the licensing business to the subordinate staff.
In addition, the defendant's age, sex, environment, background leading up to the crime, means and consequence of the crime, various sentencing conditions as shown in the records and the theory of changes, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court (two and half years to six years) / [the scope of recommended punishment] organized frauds (two and half years to six years) in the special aggravated area (two and half years), [special aggravated persons] [the special aggravated persons] planned or directed the commission of frauds. It is unspecified if the defendant planned or directed the commission of frauds.