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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant took part in a systematic and planned telephone financing fraud crime.
The Defendant participated in the crime for about 6 months, and the total amount of damage was 220 million won and 49 personal telephones.
In each of the instant crimes, it is difficult to view the Defendant as a simple participant by taking charge of the liability to withdraw cash.
The Defendant was unable to recover from damage caused by each of the instant crimes.
Circumstances favorable to the defendant shall be as follows:
The Defendant confessions each of the crimes of this case, and is divided.
The defendant has a record of being sentenced to a fine for each of the crimes of the same kind around 1990, around 2005, and around 2014, and there is no record of being sentenced to a fine exceeding the same crime or fine.
The Defendant appears to have voluntarily committed the crime around October 2014.
It is necessary to consider balance with other accomplices who participated in the crime in determining the punishment of the defendant.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.
Defendant’s assertion is with merit and prosecutor’s assertion is without merit.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal shall be again decided as follows after pleading (inasmuch as the defendant's appeal is groundless, but the judgment of the court below shall be reversed by accepting the defendant's appeal, it shall not be dismissed separately from the disposition) / [Re-written judgment] criminal facts and summary of evidence, as well