사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for up to eight months.
However, as to Defendant A, this shall not apply.
1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (one year of imprisonment for each of the defendants).
2. The crime of this case in a systematic manner is a crime that takes part in the so-called telephone financial fraud crime that causes damage to many unspecified victims and takes charge of the acquisition, withdrawal, remittance, etc. of the means of access and has a significant and strict need for punishment.
However, the defendants have led to the confession of the crime, the depth of the crime is divided, and the defendant A paid the amount of damage to a considerable number of victims in the trial, and the defendant B made efforts to recover the damage.
In addition, there are no same criminal records and serious criminal records.
In addition, considering the motive and background of each crime, the degree of effort to recover damage, the circumstances after the crime, the career of the Defendants, and the conditions of sentencing as shown in the records and arguments, each sentence of the lower court is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
A. Defendants’ fraud: Articles 347(1) and 30 of the Criminal Act
B. The Defendants’ acquisition of the means of access: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (Consideration favorable to the foregoing);
1. Article 48 (1) 1 of the Criminal Act for forfeiture;
1. Community service order (Defendant A) Article 62-2 of the Criminal Act;