사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Seized evidence No. 3 shall be confiscated.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for five years, confiscation) of the lower court is too unreasonable.
2. The instant Bosing crime, in which the Defendant participated in the commission of inducement, is a crime committed in a systematic, planned and intelligent manner against many unspecified victims by sharing the roles of a large number of people, and the crime is considerably poor and does not completely recover from damage to an unspecified number of unspecified victims in a short period. In most cases, it is a serious social harm, such as serious damage to the victim as well as serious damage to the trust of financial institutions and other trading partners of the general members of society.
Furthermore, even though the defendant clearly recognizes that the crime of Bosing was committed, he was involved in the crime of this case for a long time, and it is inevitable to punish the defendant strictly because the defrauded amount also exceeds 1.48 billion won.
However, in full view of the arguments in this case and the reasons for sentencing indicated in the records, including the fact that the victims do not want criminal punishment by paying part of the amount of damage to AG, AD, and AA from among the victims when the defendant was in the trial, and that there is no record of punishment in excess of the same kind and fine, etc., the defendant's age, social ties and social ties, and the environment of equal career, etc., the court below's punishment seems to be unfair because it seems that the defendant's argument on unfair sentencing is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading
【Grounds for the Judgment of the Supreme Court 】 Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.