사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment of 2 years and 6 months, Defendant B’s imprisonment of 1 year and 8 months, Defendant C, D, E.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (the imprisonment of Defendant A: three years, Defendant B, C, D, E, and F: Imprisonment of two years and six months, and each additional collection) is too unreasonable.
2. It is recognized that the Defendants conspired with other assistant employees to act as a counselor of the call center, etc. by joining the call fraud organization and deceiving many victims.
However, in full view of all the circumstances, such as the confession and rebuttal of the Defendants, the first offender, the agreement between Defendant A and three victims in the trial of the Party, the agreement between Defendant B and four victims in the trial of the Party, the agreement between Defendant C, D, E, and F with four victims in the trial of the Party and the original trial, and the period of the Defendants’ participation and the degree of their participation, the punishment sentenced by the lower court is unreasonable.
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 defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act, Article 114 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1)1 of the Act on Regulation and Punishment, etc. of Criminal Proceeds, Article 3(1)1 of the Criminal Act, Article 30 of the Criminal Act (the most obtaining of criminal proceeds, the choice of imprisonment, and the choice of punishment)
1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act
1. The Defendants: Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds;