사기방조
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.
2. The crime of this case is acknowledged that the crime of this case is committed by the Defendant by participating in the singing criminal organization and informing the Defendant of two account numbers in the name of the Defendant, withdrawing the amount of damage deposited into the above account and transmitting it to other assistant employees, thereby aiding and abetting the fraud of the above criminal organization. It is not good that the crime of Bosing is committed because the crime of Bosing is classified and organized and it is difficult to regulate the scope of damage and is not easy to recover the damage, and there is a very high degree of social harm that is not easy to recover the damage, and thus it is necessary to strictly punish the damage, and the damage is not completely recovered, and the Defendant was not able to receive from the victims.
However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant attempted to borrow a loan due to his living conditions; (c) the Defendant appears to have committed the instant crime; (d) the Defendant did not seem to have committed the instant crime under the conclusive recognition of the substance and appearance of the Bosing crime; (b) the amount of damage appears to have been returned to the victim; (c) the Defendant did not have any record of criminal punishment; and (d) the Defendant’s age, career, character and behavior, character and environment, environment, motive and background of the instant crime, means and means of the instant crime; and (e) the sentencing of a similar case as shown in the instant records and arguments, including the circumstances after the commission of the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is unreasonable
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.