사기등
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.
2. The judgment is that the Defendant recognized each of the instant crimes, that is the primary offender who has no record of criminal punishment, and that there was an agreement with some victims (F, T, U, and V) are favorable to the Defendant.
However, the crime of Bosing is organized to inflict serious damage on many victims and it is not easy to recover damage, so severe punishment is required. The defendant played an essential core role in the crime of this case, such as withdrawing the money deposited by the victim in cash and depositing it into another financial account. The period of the crime is not short, and the damage amount ( approximately KRW 80 million) is large, and the number of means of access (section 8) kept for the crime of Bosing was exceeded, which is disadvantageous to the defendant.
In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.
In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the
Therefore, the defendant's assertion of unfair sentencing is not accepted.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per
However, in light of the records, such as the facts constituting the crime of the lower judgment and the contents of the indictment, the lower judgment.