전기통신금융사기피해방지및피해금환급에관한특별법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and five months.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Determination
A. The Defendant took part in the crime by taking part in the Defendant’s act of withdrawing cash from an organization of “Singing” crime. The crime of “singing” is organized and organized against many and unspecified persons, and is causing serious damage to a large number of unspecified victims, and it is not easy to recover damage. Although it is a serious crime, the Defendant does not have a significant benefit from personal gain.
Even if the defendant's act of withdrawal of cash is an essential role in the crime, it is inevitable to sentence the defendant's sentence in light of the fact that the defendant's act of withdrawal of cash is in need of strict punishment in that it is an essential role in the crime, that the defendant is arrested at the site of taking over another person's physical card for another crime,
B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of each of the instant crimes; (b) the actual gains from the instant crimes are not significant; (c) the Defendant deposited KRW 9.50,00 for the victim in the trial; and (d) the Defendant’s age, sex and environment; (b) the background and result of the instant crimes; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is unreasonable as it is unreasonable.
(c)
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 15-2 (1) of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage Caused by the Crime.