사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The so-called Bosing crime aiding and abetting the Defendant to commit the crime in this case is a crime that assumes the entire nation of the Republic of Korea as a target of a crime, assumes the identity of various State agencies and financial institutions, or makes a discriminatory and low-discriminatory by taking advantage of anxiety on the security of the victims' family members, and is extremely poor in its nature.
These crimes are very difficult to arrest the main offenders from the investigative agency because they reside or operate as a occupied organization abroad, and despite the fact that they become a big social problem, the number of crimes becomes diverse, and the crime is more extreme, and there is a high need for general prevention through strict punishment.
In light of this point, it is necessary to strictly punish criminals who participated in the Bophishing crime even though their roles are merely simple participation and they do not have an individual benefit.
Furthermore, the total amount of damage caused by the instant crime is about KRW 15 million.
Nevertheless, it is not easy to expect damage in the future in light of the financial situation and ability of the defendant.
On the other hand, the following conditions are favorable.
The Defendant, who intends to obtain a loan, was in contact with the singishing staff, and was involved in the instant crime, and there are some circumstances to consider the circumstances.
Defendant reflects on crimes.
There is no record of criminal punishment except for those subject to a disposition of suspending indictment for gambling in 2012.
In addition, comprehensively taking account of the circumstances surrounding the instant crime, Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the lower court’s judgment.