사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Seized evidence No. 1 shall be confiscated.
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 this case is acknowledged that the crime of this case was committed by the defendant by taking part in or attempted to commit the crime of Bophishing criminal organizations by acquiring money from the victims or attempted to commit it. The crime of Bophishing is very poor in light of the method and content of the crime. The crime of Bophishing is a secret and planned crime, so it is difficult to regulate the scope of damage, and the scope of damage is not differentiated and is not easy to recover from damage, and its social harm is very high. Thus, even if the crime of this case is a cash collection and delivery, it is necessary to strictly punish it, and the defendant was not used by the victims, and the damage was not recovered.
However, in full view of the circumstances such as the fact that the Defendant recognized all of the crimes of this case, the amount of damage that led to the completion of the crime is limited to 6.8 million won, and the crime of defraudation of 30 million won is committed by the Defendant, the Defendant appears to not have much profits from the crime of this case, and there is no record of criminal punishment in the Republic of Korea, and the equity of sentencing with the same or similar cases of the same or similar type, and other conditions of sentencing as indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed unfair.
Therefore, the defendant's above assertion is justified.
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.
[Reasons for the Decision] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court, as stated in each corresponding part of the judgment below.