사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The crime of Bophishing fraud is a systematic, planned, or intelligent crime, and it is difficult to crack down on the crime, and there is a very serious social and economic harm.
The defendant, while being aware that he will be used for the crime of Bosing, in accordance with the instructions of B, is an accomplice, keeps the C’s check by delivering it, withdraws the amount of damage from the above physical check, and deposit the amount into the account given instructions. The degree of his participation is not easy.
The amount acquired by deceit through the instant crime also reaches 60 million won in total.
However, the Defendant is against the recognition of the instant crime, and there was no record of punishment exceeding the same criminal record or fine prior to the instant case.
At the time when the defendant was tried by B, 5 million won was paid to the victims, and some damages were recovered, and the victims agreed on B.
The equity between the instant crime and the instant crime of violation of the Electronic Financial Transactions Act shall be taken into account when concurrent judgment is rendered.
In addition, considering the degree of punishment for accomplices, the defendant's age, environment, family relationship, motive of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below on the defendant is judged unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
【Grounds for the Judgment of the Supreme Court】 The facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, are the same as that of the judgment below, and thus, the Criminal Procedure Act is applicable.