사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The judgment of the Defendant took part in the so-called voiceing crime in which many unspecified victims were induced in a systematic and planned manner. The crime of Bosing fraud is highly harmful to society, crime is committed systematically, planned, and intelligent, and even a subordinate member who took part in only part of the crime is unable to arrest the entire organization, and thus, requires strict punishment. The Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Electronic Financial Transactions Act that committed a violation of the Electronic Financial Transactions Act that committed the collection and custody of physical cards by participating in the Bosing crime, and the Defendant committed the crime in this case without being aware of the completion of the enforcement, even though he was in the period of repeated crime, and was issued a summary order of KRW 5 million for the same crime.
However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) made efforts to recover damage by agreement with some victims; (c) the benefits acquired by the Defendant are low compared to the total amount of damage in this case; and (d) the Defendant’s family members and branch members want the Defendant’s preference; and (c) other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, etc., the lower court’s punishment is heavy.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;