사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The instant crime was committed in a planned and organized manner against many and unspecified persons, and was committed as a part of the instant crime, which leads to the massing of many victims, and its nature is not very good, and its social harm is also serious.
The crime of Bophishing is often conducted not only through the participation of subordinate officers, such as withdrawal books, remittance books, solicitation books, and delivery books, but also through the strict punishment of such participation.
However, in the case of the defendant, it appears that the defendant intentionally committed the crime under the circumstance that he did not definitely recognize the crime of Bosing, and that the defendant did not actively participate in the crime, and that most of the damage amount was temporarily returned once, the number of the fraud crimes was limited to one time, and that there was no record of punishment other than the one-time fine of this kind, and that there was no dependent, etc., the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, the means and consequence of the crime, etc. are considered as follows: considering all the conditions of arguments and the records, such as the circumstances after the crime, the court below's punishment is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following is ruled again.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3
Application of Statutes
1. Article 347(1) and Article 30(1) of the Criminal Act and Article 37 of the Resident Registration Act concerning the crime, the choice of punishment for the crime.