사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. As to the summary of the grounds for appeal (a year of imprisonment) by the lower court, the Defendant asserts that the Defendant is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.
2. The telephone financial fraud crime such as scam, etc. requires a strong response even if the role of the participants or personal gains are not significant in order to eradicate the crime since the scope of damage is not limited to a non-discriminatory and scam, but the damage is not easy to recover, and the criminal act is also intelligent and thus the social harm is very high.
The defendant has repeatedly participated in the crime of Bosing fraud of this case with the amount of fraud of 4,400,000 won for 3 victims, which play an important role in completing the crime, and the nature of the crime is heavy.
On the other hand, on July 25, 2018, immediately after the instant crime was committed, the Defendant committed a crime of using the means of access on July 25, 2018, and immediately after the instant crime was committed, on August 13, 2019, which was committed by the same criminal organization as the instant crime, and the conviction became final and conclusive.
(A) As seen above, the Defendant was unable to receive a letter of suspicion from the victims of the instant crime, and the Defendant attempted to avoid liability for the police and prosecutorial investigation of the instant case.
However, the Defendant did not have any record of criminal punishment in addition to a fine prior to and once in 2016 prior to the crime of this case and the crime of this case, and the Defendant, as a youth of the second half half half of the year, returned home to the Republic of Korea in a difficult family environment after leaving the Republic of Korea, and returned to the Republic of Korea, and completed military service in good faith, and seems to cause the Defendant to commit the crime of this case and commit the instant crime in order to prepare living expenses during his life.