사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1.5 million won shall be additionally collected from the defendant.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination
A. The crime of aiding and abetting each of the instant frauds of this case, based on the assertion of unfair sentencing, is highly harmful to the society, and the crime is committed systematically and systematically against many unspecified persons, and as a result, it is difficult to arrest the entire organization and thus, requires strict punishment. The Defendant, as if he was an employee of the Financial Services Commission in the process of each of the instant fraudulent aiding and abetting, has served as a major role, such as presenting documents under the name of the Chairperson who forged the victims and receiving money from the victims. The victims of each of the instant frauds of this case are six persons, and the total amount of damage therefrom exceeds 90 million won, etc. are disadvantageous to the Defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant has recognized each of the crimes in this case and there is no history of criminal punishment, the defendant has agreed with the victim G and H in the court below, and that the defendant has reached an agreement with the victim B and I in the court below, and that the defendant's family and branch members seem to clearly have social ties, such as the payment of the victim B and I, the agreement with the victim B and I, and the fact that the defendant's family and branch members want the defendant's prior address, etc., and the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., the sentence imposed by the court below is deemed to be unfair, and therefore the above argument by the
B. According to the records of ex officio determination as to the compensation order of the applicant for compensation by the court below, the defendant paid 20 million won to the applicant for compensation who was the victim of the fraud of this case at the court below and agreed with the applicant for compensation by the court below. The applicant for compensation by the court below on April 16, 2020.