사기등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant took part in the crime of Bosing, which was organized and planned against many and unspecified persons, two times as the liability to withdraw the amount of damage, and agreed to receive compensation in the process, and lent an access medium.
The crime of Bosishing, such as the crime of this case, not only should the victims suffer a considerable economic impact, but also it is not easy to recover from damage after the death. On the other hand, a number of victims and members of society, who are charged with the crime of this case, make the state agencies or financial institutions in a bad faith, and as a result, it is highly necessary to punish the victims strictly because they have a serious adverse effect on the trust relationship in the overall society.
Even though the defendant had been punished twice due to the same crime, the defendant committed the crime of this case at the same time, and did not recover from the damage to the trial.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant recognized the crime of this case and reflected his mistake.
The profits earned by the defendant from the crime of this case seems to be significantly short of the amount of damage, and there is no criminal record exceeding the fine.
Such circumstances are favorable to the defendant.
In full view of the circumstances and motive leading up to the instant crime along with the aforementioned various circumstances, the sentence imposed by the lower court on the Defendant is determined to be within the appropriate range of sentence corresponding to its liability, and its punishment is too heavy or unreasonable, in light of the following circumstances: (a) the details and motive leading up to the instant crime, the period of participation in the instant crime, the degree and manner of participation, age, sexual conduct, family environment, family relationship, and the circumstances after the instant crime.