사기등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. The principal crime of this case is deemed to have been completed by directly receiving money from the victims while the defendant assumes that he is an employee of the Financial Supervisory Service by taking part in the organization of the singishing crime as the responsibility for cash delivery, and thereby completing the singishing crime. The Defendant’s total amount of 28 times criminal acts exceeds KRW 380,000,000,000, such as the content, method, consequence, etc. of the crime, and the social harm of the singishing crime need to be strictly punished, considering the following factors.
In addition, even in the case of the remaining crimes, the crime that the defendant inflicts bodily injury upon the victim who is the wife or threatened a minor by threatening him to take money from his parents is not less than that of the victim.
The damage has not been restored.
On the other hand, however, the defendant shows his attitude to reflect his mistake (the last crime was suspended by himself), and did not play a leading role in performing duties to be performed by the Bosing organization in relation to the main crime, and there seems to be a situation in which the burden of supporting the wife and his/her dependent on the age of her child was caused by the participation in the crime.
In addition, there is no criminal record exceeding the same criminal record and fine.
Considering the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too heavy or too heavy within the proper scope of sentencing discretion.