사기
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years, for three years and six months, for Defendant B, and for one year.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant B and Defendant B are against the wrongness of Defendant B, the profits acquired by the instant crime are not high, the victim V recovered Wenz vehicle, and the damage was partly recovered by providing security for KRW 10 million to the victim Y, and efforts were made to recover the damage to the rest victims, etc., the lower court’s sentence of imprisonment with prison labor for a period of three years is too unreasonable.
(2) In light of the fact that Defendant C is against the wrongness of Defendant C, the benefit acquired by the instant crime is not much high, and the economic difficulty is not harsh and has to support the mother of the aged who committed the instant crime, etc., the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.
B. The prosecutor (1) misjudgments the facts or misapprehension of the legal principles (not guilty part against the Defendants) in the case of singishing, such as the total liability, the withdrawal and remittance, the solicitation of passbooks, and the public policy, and the form of occupation organization, are subdivided, planned, and operated in a planned manner and in the form of an organization. As such, the prosecutor has characteristics other than the participants on the top of the total responsibility, such as not specifically aware of the whole appearance of the crime, and most of the persons arrested in the investigative agency are subordinate participants, and they abuse them as the lower participants and abuse them that their upper lines are not arrested, thereby leading up to the appearance of singishing, “A person who intends to obtain a loan,” “A person who knew that he was used in the sports discussions.”
I, AG, DR, DDR, DS, AU, AV, BN, and CZ, which participated in the instant Bophishing criminal organization, the total liability of AX (one name “D Q”, suspension of prosecution), etc., were all detained and sentenced to conviction in the first instance trial, as well as remittances for the collection and remittance of passbooks like the Defendants.
Defendant
A is a so-called "transfer liability" and has been in charge of the collection of money by the lending company.