사기등
The judgment below
All parts except the non-guilty part against Defendant B shall be reversed.
Defendant
A.
1. The lower court rejected an application for compensation filed by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, this part is excluded from the scope of the relevant trial.
2. Summary of reasons for appeal;
A. Each sentence (Defendant A: imprisonment with prison labor for 2 years and 4 months, confiscation, Defendant B: imprisonment with prison labor for 1 year and confiscation) that the lower court sentenced to the Defendants is too unreasonable.
B. A prosecutor (1) misunderstanding the facts, Defendant B, who was responsible for the role sharing at the time of the participation in the criminal act of Bosing, had dolusence to the minimum degree of his participation in the criminal act, and thus, Defendant B acquitted the Defendant of some of the facts charged, despite the fact that other accomplices could recognize the functional control over the criminal act, and thereby, did not err in the judgment of the court below which affected the conclusion
(2) The lower court’s improper sentencing unfair is so unfair that the above-mentioned sentence, which the Defendant B acted against, is too uneased.
3. Judgment on the grounds for appeal
A. The criminal defendant partially committed phishing committed by the defendant A is a crime causing damage to an unspecified number of unspecified victims in a planned and organized manner, and is disadvantageous to the defendant, such as the nature of the crime is very heavy.
However, in full view of the fact that the Defendant agreed with the Victim G, AA at the time of the lower judgment, and that the Defendant made efforts to recover damage, such as the victim T, V, and Z in the trial, and all other factors of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s above assertion is reasonable.
B. Defendant B (1) Of the facts charged against the Defendant as to the Prosecutor’s assertion of mistake, the list of crimes listed in the judgment below (i.e., the Defendant) is net.