사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The gallon No. 9 (No. 1) seized shall be 1.
1. The lower court’s punishment (one year and two months of imprisonment, and confiscation) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The crime of this case in light of the method, period, and amount of damage, etc. of the crime, the crime of this case is not likely to be committed by the Defendant, by aiding and abetting the morale of the personnel engaged in the phishing operations, thereby deceiving approximately KRW 39.1 million from the victims, and deceiving KRW 5 million from the victims.
However, the defendant recognized the entire mistake and again did not commit such a mistake, and there is no record of punishment in excess of the same kind or fine prior to the crime of this case.
In addition, the total damage to victims was not recovered, but some crimes were committed in an attempted crime and agreed with one of the victims.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.
3. In conclusion, 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 with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 32(1) of the Criminal Act, Articles 352, 347(1) and 32(1) of the Criminal Act, Articles 352, 347(1) and 32(1) of the Criminal Act, the choice of imprisonment for a crime
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation Article 48 of the Criminal Act