Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

1. Summary of the grounds for appeal (defendant B and prosecutor: ① Imprisonment with prison labor for one year, two years of suspended execution, confiscation, and ② imprisonment with prison labor for Defendant B);

2. Determination

A. The prosecutor’s judgment on the grounds for appeal against the Defendant A by the Defendant was delivered to the Defendant in accordance with the direction of the person who was not entitled to the name, and thereby aiding and abetting the Defendant to commit fraud due to the scam.

In light of the background, method, mode, degree of participation, etc. of the crime, the responsibility of the defendant is heavy, and the possibility of criticism is high in that the defendant B, who is the birth, was involved in the crime.

The defendant did not recover from fraud caused by the defendant's crime, and the victims did not receive any conviction.

Considering these circumstances, it is necessary to impose strict liability on the defendant.

However, considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime and is against the Defendant, the primary offender who has no record of criminal punishment, and the fact that the Defendant’s health status is not good due to a traffic accident in 2010 (class 2 with physical disability), the Defendant’s mother’s guidance is well-grounded, and the Defendant’s mother’s guidance is considered, and taking into account all other circumstances, such as the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed reasonable, and it is not deemed unreasonable.

The prosecutor's assertion of unfair sentencing is not accepted.

B. Around June 2017, the Defendant rendered a judgment on the grounds of appeal by the prosecutor against Defendant B and the above Defendant lent his/her name passbook and check card to the party in whose name the account holder was named. Accordingly, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution on January 22, 2018 by this Court.

Even though the defendant was under investigation by the police due to the above case, he committed the crime of this case at another time, and thereby, committed it.