사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 1 shall be confiscated.
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. Each of the instant crimes, which constitutes the so-called “Singing” crime, is an organized crime committed against many and unspecified persons without discrimination, and the nature of such crime is very poor and its social harm is serious.
Furthermore, under the strict plan, many participants complete the crime through the division of work without properly grasping the identity of each other, and it is necessary to strictly punish such participation.
The defendant plays a role in remitting cash that he received from the victim to another person's account in accordance with the direction of the Bosing Steering staff, and the degree of his participation is not easy.
The number of crimes committed by the defendant has reached seven times, and the total amount of fraud is at least 110,268 million won.
Nevertheless, the damage has not been recovered.
Considering these circumstances, it is necessary to punish the defendant strictly.
However, in full view of the following facts: (a) the Defendant recognized each of the instant offenses, and thereby against his mistake; (b) the Defendant was the first offender without any previous criminal record; (c) the Defendant was the first offender with no direct contact with the victim; (d) the role and degree of participation of the Defendant appears simple rather than the Defendant’s staff who ordered the Defendant; (c) the benefits accrued to the Defendant in terms of the name of the amount of total damages and the amount of the benefits accrued to the Defendant are not large compared to the total damages; (d) the Defendant is the most liable for supporting the Defendant’s three children and his spouse when he was ageed; and (e) all the sentencing conditions and arguments, including the Defendant’s age, character and conduct, motive or circumstance after the commission of the offense, etc.
Therefore, the defendant's argument is justified.
3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.