사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant was committed by deceiving victims systematically while the Defendant joined the call center’s counselor and act as a counselor at the call center.
Considering that the scale of damage exceeds KRW 400 million and the duration of the defendant's participation is not shorter than three months, that many and unspecified victims were added, that the scam crime was committed, and the adverse effects on our society while the scam crime was committed, it is inevitable to punish the defendant strictly.
However, in full view of the facts that the Defendant was committed in the instant case, the first instance court agreed with the Victim AP (P No. 36), Q (P No. 52), and AR (P No. 52), and the fact that an additional agreement was reached by the first instance court to pay KRW 10 million to the victim BA (No. 9) in the instant case, the details of the punishment of accomplices, and other various sentencing conditions, including the Defendant’s age, criminal records, character and conduct, criminal records, criminal acts and circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;
1. Of concurrent offenders, the sentence as ordered shall be determined in light of the above circumstances in the grounds for reversal of the sentence under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.