사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months, confiscation) imposed by the court below is too unreasonable.
2. The criminal defendant's participation in the judgment is a crime of causing damage, which is virtually difficult to recover from the victims, in a planned and organized manner against many unspecified victims, and has a great social harm.
The defendant took part in the crime by finding out the cash kept by the victims according to the direction of the Bosing Organization, and the amount of damage resulting therefrom is reasonable as the total of 16 million won.
In light of the degree of participation in these crimes or the scale of damage, the nature of crimes and the circumstances are not good.
This is disadvantageous to the defendant.
However, the defendant recognizes all of the crimes of this case and is against the law.
In addition, up to the judgment of the court below, the victim C, I, and H made an agreement with repayment of a considerable portion of the damage amount, and the amount paid to the victims who continued to have made an agreement to recover the damage, such as repayment of the damage amounting to KRW 30 million in the court below, is KRW 80 million.
There is no history of criminal punishment for a crime. Family members, visitors, and victims also want to take the defendant's measures, and thus, the social ties between the defendant and the victim seems to have high possibility of recidivism.
This is the circumstances favorable to the defendant.
In full view of the above circumstances together with the Defendant’s age, character and conduct, environment, motive and background of the offense, and various sentencing conditions as shown in the pleadings, it is deemed that the sentence imposed by the lower court 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.
In other words,