사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. Summary of grounds for appeal;
A. Defendant: The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. Written inspection: The sentence of the lower court is too unhued and unreasonable.
2. In light of the overall situation of crimes, such as collecting cash by misrepresenting himself/herself, and depositing money in several passbooks, although the prosecutor was aware that he/she had been charged with aiding and abetting the instant crime, he/she had been sentenced to a fine in violation of the Electronic Financial Transactions Act in 2018, and that there was a history of his/her involvement in the instant crime, and that he/she had contact with those who are not aware of the face by using a telegram, and that he/she is taking the role of delivering cash in relation to the instant crime, he/she continued to commit the crime until he/she is arrested.
In addition, the victims had a difficult situation where they should receive a loan, but the victims' mental and economic sufferings about cash assets that come beyond Bophishing seems to be considerable, and no damage recovery was made at all.
Even if the defendant performed the above role by receiving daily allowances and expenses, it is necessary to punish the participant even if the role of the participant or personal gain is not significant in order to eradicate it in light of the characteristics of the Bosing crime and the current investigation conditions.
In addition, in full view of the scale of the instant damage (17,90,000 won) and the Defendant’s age, character and conduct, environment, the details and details of the crime, and the circumstances before and after the crime, the lower court’s punishment is deemed to be too uneasible and unreasonable.
Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is reasonable.