사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentencing (one year and eight months of imprisonment) is excessively unreasonable.
2. The Defendant aiding and abetting a person under whose name the victim was unable to obtain a license to do so, and the Defendant took part in the crime of Bosing highly harmful to society, and attempted to give his account number and withdraw and deliver the amount of damage deposited into the relevant account, etc.
In light of the fact that it is difficult to see prior to the instant case, even though there was a history of the suspension of indictment due to the violation of the Electronic Financial Transactions Act, it is necessary to hold the Defendant liable with severe liability corresponding thereto.
However, considering the facts that the defendant led to the confession of the crime, the account used for the crime was suspended and failed to withdraw the amount of damage, the damage amount was returned to the victim and the damage was actually recovered, the defendant appears to have no profit from the crime of this case, the fact that the victim did not want the punishment against the defendant by agreement with the victim at the time of the trial, the circumstances that the victim did not want the punishment against the defendant should be considered in favor of the defendant, and taking into comprehensive account the defendant's age, career, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, and the equality of both punishment and similar cases committed in the arguments of this case, it is judged that the punishment of the court below against the defendant is unfair because it is too excessive.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for a new judgment] The criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence. Thus, Article 369 of the Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence.