사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The instant case is a crime related to the so-called “singishing,” and is planned and organized for many and unspecified persons, and has an adverse effect on society, and its nature is not very good.
The Defendant, even three months prior to the instant case, was punished for the violation of the Electronic Financial Transactions Act and the crime of embezzlement in order to raise the amount of damage by participating in the licensing, and was accordingly punished for the said amount at the entertainment expense, and thus, was more depthed in the licensing, and thus, the Defendant should be punished.
However, in light of the following: (a) there is a favorable condition for the defendant, such as the fact that the defendant paid 4 million won to the victim when he was in the trial; and (b) there is no record of punishment exceeding the fine to the defendant; and (c) other factors of sentencing, such as the defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable because it is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act related to the crime, Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act (a point where telecommunications services are provided) and the choice of imprisonment with prison labor for the crime;
1. In full view of the factors leading to sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the sentence shall be determined as per the order.