Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.
evidence of seizure.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and one year and two months of imprisonment) is too unreasonable.
2. In light of the following circumstances: (a) all the Defendants led to the confession of the instant crime as the first offender; (b) the Defendants agreed with the victim of the so-called Bophishing fraud crime, and the victims did not want to be punished against the Defendants; and (c) W deposited part of the amount of damage; (d) the Defendants did not have much profits acquired from the instant crime; and (e) other various circumstances, including the motive for the instant crime; (b) the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the instant crime, which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments, are considered unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.
Criminal facts
The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the point of the acquisition of the means of access by each electronic financial transaction), Article 347-2 of each Criminal Act (the point of fraud by use, such as each computer), Article 347(1) and Article 30 of each relevant Act on criminal facts;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act (each punishment shall be imposed, and the number of concurrent crimes resulting from the crimes of fraud committed, such as computer, etc. against a victim S with the largest number of crimes and circumstances)
1. Article 48 (1) 1 of the Criminal Act for forfeiture;
1. Return;