사기
The part of the judgment below on Defendant E shall be reversed.
Defendant
E shall be punished by imprisonment with prison labor for not more than ten months.
Seized No. 7.
1. The decision of the court below on the gist of the reasons for appeal (three years, confiscation, confiscation, and confiscation: imprisonment of two years and eight months, confiscation, and confiscation of Defendant E: imprisonment of one year, confiscation, confiscation, Defendant F and G: one year) is too unreasonable and unfair.
2. The instant fraud crime committed on the grounds of Defendant E’s appeal is highly harmful to society as a result of impairing the trust of sound electronic commerce against many and unspecified persons on the Internet.
It is organized and planned that the criminal law that the Defendants performed by sharing their roles is also very important to commit the crime by having interview and interview.
The victims caused by the crime of fraud of this case have reached 667 persons and the amount of damage is very large to 300 million won or more.
However, the defendant recognizes and reflects the crime.
The defendant was simply involved in the crime and the degree of participation is relatively not much severe.
The Defendant deposited the amount of damage for 75 victims in the lower court, and made efforts to repay the damage, such as depositing the amount of damage for 104 victims, even if the damage occurred in the first instance.
The Defendant had no record of crime prior to the instant crime.
In addition, the sentence of the court below is too unreasonable in light of all other circumstances, such as the defendant's age, sex, environment, family relationship, motive and method of the crime, and circumstances after the crime.
Therefore, the defendant's argument of sentencing is justified.
3. The Defendants recognized and opposed to the judgment on the grounds of appeal by the remaining Defendants.
Defendant
A and B agreed with some victims in the original judgment.
In the first instance, Defendant B deposited the total of KRW 5 million for the victims of 32 victims, and Defendant G deposited the total of KRW 5 million for the victims of 33 victims.
Defendant
F is an initial crime.
However, the crime of fraud in this case is trust in the sound electronic commerce against many and unspecified persons on the Internet.