사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment with prison labor for one year and six months, and three years of suspended execution, which the court below sentenced in light of the fact that the defendant played a leading role in the crime of this case, such as direct employment of accomplices, and that the amount of damage to victims caused by the crime of this case is considerable.
2. The judgment of each of the instant crimes is that many accomplices shared their roles, and the Defendant appears to have played a leading role in the organized and planned crime, such as mobilization of accomplices, etc. Of these crimes, it is recognized that even if only the crime was committed by fraud, the victim is about 2,200 persons, and the amount of damage exceeds about 80 million won, and that the Defendant’s liability for the crime is considerably heavy.
However, the defendant posted the advertisement in a daily newspaper for the victims of this case in order to return the goods to the victims of this case, made efforts to pay damages by the return of the goods to the victims of this case, exemption of the obligation to installment payments, delivery of compensation goods to compensate for damages, etc. Thus, the defendant agreed with about 180 victims whose identity has been confirmed, and sent about 450 victims separate compensation goods to the victims, and exempted about 220 victims from the obligation of installment payments. In light of the criminal profits acquired by the defendant, the defendant's efforts to pay damages are deemed to be based on the rush antisity, and the defendant's efforts to prevent the possibility of re-offending by closing the business in this case, the defendant has no same criminal power, and the defendant has no other criminal records, the defendant's age, character and character, environment, motive, means and result of the crime of this case, the records and arguments in this case after the crime of this case, and the judgment of the court below is too unfair.