사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
seizure.
1. The summary of the grounds for appeal is unreasonable because each sentence (Defendant A: imprisonment with prison labor for three years, confiscation, and confiscation for two years and six months, and confiscation) declared by the court below to the Defendants is too unreasonable.
2. The instant crime is a phishing fraud that obtains money from the victim in a systematic and planned manner, and there is a serious personal and social harm, and it is highly necessary to punish those who participated in the instant crime with strict punishment because it is difficult to cope with it as a general public because the method of receiving the phishing crime is gradually intelligent.
The Defendants planned and entered the Republic of Korea for the purpose of participating in the phishing crime, and actually received and delivered the amount of damage to the victims, thereby play an important role in the completion of the phishing crime.
However, the Defendants were aware of the overall structure and scale of the crime and led the Defendants to commit the crime.
In full view of the records and the sentencing conditions shown in the instant case, such as the fact that the gains from actual acquisition are not significant, that there is no record of criminal punishment against the Defendants in the Republic of Korea, and that there is no other record of criminal punishment against the Defendants in the Republic of Korea, and the Defendants’ age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment imposed by the lower court against the Defendants
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 347(1) of the Criminal Act (the point of fraud), and Article 30 (the point of fraud) of the Criminal Act.