사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 1 shall be confiscated.
1. In light of the gist of the reasons for appeal (unfair sentencing) in this case, the punishment that the court below sentenced against the defendant (one year of imprisonment and one year of seizure evidence) is too unreasonable.
2. The crime related to Bosing and Bosing is a systematic intelligent crime that is closely committed against many and unspecified persons, and the social harm is so high that the crime is extremely poor that the damage caused by such crime is also spreading, and the damage therefrom has structural characteristics that are not easy to recover from damage, and thus, it is necessary to strictly punish the crime. The defendant is taking charge of the role of the so-called “measures to withdraw and remit” and is less likely to have taken part in the crime of this case.
It is inevitable to sentence a sentence to a defendant on account of the circumstances unfavorable to the defendant, such as the impossibility of the sentence and failure to recover from damage.
However, the fact that the defendant recognized the crime of this case, which reflects his mistake, the amount of fraud by the crime of this case is not more than 6.1 million won compared to other crimes of the same kind, and the profits earned by the defendant seems not to be so significant, and the defendant was unaware of two friendships from 6 to 19 years of age, and was in an environment in which the child care center must take care of, but the defendant was living faithfully with the manufacturing company without any previous conviction before the crime of this case, but he seems to have been employed and work in the manufacturing company without any previous criminal record, and in the future, he will make more efforts and live.
There are favorable circumstances, such as the fact that the situation is fluent.
In full view of the above circumstances favorable to or unfavorable to the defendant, and the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and various conditions of sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the court below was sentenced.