사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Each of the instant crimes committed is highly harmful to society as a so-called phishing crime; the crime was committed against many unspecified persons in a systematic and planned manner; the commission staff who participated in only part of the crime is also in need of strict punishment because it is difficult to arrest the entire organization members; and the Defendant’s participation in the crime as a recruitment scheme cannot be deemed to be light.
However, considering the following factors: (a) the Defendant appears to recognize and reflect the instant crime that was committed once in the trial; (b) the Defendant paid 8.8 million won to the Victim F, and 3.3 million won to the Victim H in the trial; and (c) the Defendant did not want to punish the Defendant; (c) the Defendant did not have any record of criminal punishment other than the protective disposition imposed several times; and (d) the fact that the Defendant was a juvenile at the time of committing the instant crime, etc., given the favorable circumstances to the Defendant; and (c) other factors of sentencing indicated in the record, such as the Defendant’s character and behavior, environment, criminal background, and circumstances after committing the instant crime, the sentence imposed by the lower court is deemed to be too unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Reasons for the Judgment] The criminal facts and summary of evidence recognized by the court and the summary of the evidence are as follows. The "a summary of evidence" in the "a summary of evidence" as stated in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the alteration of the "1. The defendant's partial statement" to the "1. The defendant's oral statement at the court below".
Application of Statutes
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;