사기
The judgment of the court below is reversed.
Defendant
A Imprisonment for six months, Defendant B and C shall be punished by imprisonment for four months.
except that this shall not apply.
1. The summary of the grounds for appeal (for the defendants, exemption from each punishment) of the lower court is deemed to be too unhued and unreasonable;
2. The Defendants’ crime of this case is the so-called “wishing,” which is planned, organized, and organized to commit the crime against many unspecified persons, and the nature of the crime is extremely poor, and the amount of damage caused by the crime of this case is not less than KRW 10 million, and Defendant A played a leading role as the total liability for the crime of this case. Defendant B and C performed telephone counseling services directly to the victim. In addition, considering the Defendants’ previous conviction, age, character and behavior, environment, motive and circumstances leading to the crime of this case, etc., as well as all of the sentencing conditions indicated in the arguments of this case, such as the Defendants’ criminal records, age, character and behavior, environment, motive and circumstance leading to the crime of this case, etc., the Defendants agreed to pay the amount of damage at the time of the investigation, and the judgment of the court below was given that there was favorable circumstances for the Defendants, such as equity with the case where the judgment was rendered simultaneously with the crime of fraud that became final and conclusive.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The summary of the evidence in the judgment of the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of "the prosecutor's investigation report (the attachment of the trial record), the prosecutor's investigation report (the confirmation report on the date of confirmation), the decision, the fixed date report, and the decision" in the summary of the evidence in the judgment of the court below.
Application of Statutes
1. The Defendants: Article 347(1) and Article 347(1) of the Criminal Act.