컴퓨터등사용사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The crime committed by the Defendant was committed on a planned and organized basis against many and unspecified persons by telephone financing fraud, which is called a so-called "Sscaming," and there is considerable social disorder in society by massing a large number of victims, and there is a need to punish victims with considerable economic suffering, and in light of the circumstances and contents of the crime of this case, the crime of this case is extremely poor; the frequency of the crime of this case and the victims do not have a large number of victims; the amount of fraud exceeds KRW 100 million; measures to recover damage was taken or not agreed with the victims were taken; on the other hand, the crime of this case was led to the judgment of the court below; on the other hand, the Defendant all of the crime of this case was led to the violation of the Local Tax Act, and there was no record of criminal punishment other than KRW 1 million due to the violation of the Electronic Financial Transactions Act; and on the other hand, the Defendant's age, criminal behavior, degree of participation in the crime of this case, and various circumstances before and after the crime were considered as unfair.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347-2 and 30 of the Criminal Act for the selection of criminal facts, and for the choice of punishment (the fraud by using computers and other relevant provisions), Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with labor for each of the following categories;
1. Aggravation concurrent crimes;