사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
Defendant 1 through 4 of seized evidence.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (two years of imprisonment with prison labor) is too unreasonable.
2. Each of the instant crimes committed against many and unspecified persons in a planned and organized manner, and thus, it is necessary to punish the Defendants even if they are relatively small or subordinate members of the society, and the Defendants play the role of withdrawing funds that the victims transferred to the public passbook in the name of his accomplice from the victims to the public and remitting to accomplices. The Defendants’ role is essential in the crime of Bosishing, which is bad in nature, and the Defendants took part in the crime only after entering the Republic of Korea.
However, in full view of the fact that the Defendants recognized each of the instant offenses, the period for which the Defendants were committed is not long, there is no same criminal record, and in the appellate trial, the victims I and E agreed to pay the full amount of each damage to the victims M, the victims M agreed to pay the full amount of KRW 10 million out of the damaged amount of KRW 20 million, and the victims did not want to be punished against the Defendants, and other circumstances that are the conditions for sentencing as indicated in the records, such as the Defendants’ age, sex behavior, environment, family relationship, etc., the punishment imposed by the lower court is too excessive.
I seem to appear.
The defendants' argument of sentencing is justified.
3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.
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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendants of the relevant legal provisions regarding criminal facts: Each criminal law.