장물취득등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. The crime of violation of the Electronic Financial Transactions Act and the crime of aiding and abetting fraud among the crimes in this case are the case where the money was acquired by deceiving the money by participating in the so-called Bosing criminal act, and the method of the crime is organized and planned, as well as the case where the crime is committed mainly against the financial socially weak, and multiple victims are generated from the crime to the extent of the nation, and as a result, many victims and members of the society have made government agencies or financial institutions in a bad faith, and caused serious adverse effects on the trust relationship of the society as a result, so the crime is very serious and highly likely to be socially criticized, and the defendant's role in transferring and taking over the approaching media is somewhat weak.
The fact that each of the above crimes is committed during the period of repeated crime is disadvantageous to the defendant.
However, in full view of the following facts: (a) the Defendant appears to have led to the confession of all of the crimes in this case and against his mistake; (b) the Defendant appears not to have much profits from the commission of each of the crimes in violation of the Electronic Financial Transactions Act and the commission of each of the crimes in aiding and abetting fraud; (c) the Defendant agreed with the victims of the crimes in violation of the Punishment of Violences, etc. Act (joint injury) in the first instance trial; and (d) the need to consider the equity between the accomplices of each of the crimes in this case and the punishment; and (e) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence, the Defendant’s sentence against the Defendant is too unreasonable; and (e) the Defendant’
3. Accordingly, 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 reasonable.