사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) follows: (a) the Defendant borrowed the name of a tenant upon the request of a CD, which is a middle school leader; (b) the leased building was provided as a place for committing telephone financing fraud; and (c) the leased building was subsequently informed of the fact that the mobile phone was suspended and locked; and (d) even according to the statement of other accomplices, the degree of the Defendant’s participation is not excessive; and (b) the profits acquired by the instant crime are not significant, the sentence (two years of imprisonment) sentenced by the lower court is too unreasonable.
2. Considering the various circumstances alleged by the Defendant, and the fact that the Defendant could have been tried simultaneously with the offense for which judgment became final and conclusive, ① the instant telephone financing fraud crime assumes the name of a financial institution against many unspecified victims in a planned and organized manner, and there is a need to punish them with severe harm to society. ② In such serious crimes, the degree of participation by the Defendant, such as providing the place for committing the crime under his/her name and acting as an intermediary manager, is somewhat weak.
There is no room to see that the Defendant was involved in the instant crime at the time of the lease agreement, such as the Defendant’s assertion.
Even in light of the degree of participation after the crime, the defendant's liability for the crime of this case cannot be deemed to be less severe), 3. 214 victims, except for the crime of defraudation of physical card, and the damage amount exceeds 1.34 million won, etc., which is expected to have been attempted to commit the crime of this case against more than actually more people during the crime of this case, such as the period of the crime and the amount of damage amount exceeding 1.34 million won, and 4.4. It is assumed that most victims have never recovered from damage and that most victims would not be able to receive payment of damage in the future, 5. It again commits the crime of this case during the period of repeated crime, and other criminal records of the defendant and other accomplices.