The judgment below

The part concerning each of the crimes of the 2018 Highest 2670 cases shall be reversed.

The defendant is judged by the court below.

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for each of the crimes of the 2018 Highest 2670 cases in the original judgment and six months of imprisonment with prison labor for each of the crimes of the 2018 Highest 3340 cases in the original judgment) is too unreasonable.

2. Determination

A. The instant crime on each of the instant crimes in the holding of the lower judgment is a crime of Bosing fraud, which is planned and organized against many and unspecified persons, and which leads to a large number of victims, and the nature of the instant crime is not very good.

The crime of Bosing fraud is often conducted not only through the participation of subordinate officers, such as withdrawal books, collection books, remittance books, solicitation books, delivery books, surveillance books, etc., but also by the strict punishment of such participation.

However, in full view of the following: (a) the Defendant appears to have the attitude of recognizing and opposing the instant crime; (b) the victim does not want punishment by mutual consent with the victim of fraud; and (c) the Defendant’s age, character and conduct, environment, family relationship, circumstances and outcome of the crime; and (d) the various sentencing conditions indicated in the records and arguments, such as the circumstances after the crime, are somewhat unreasonable.

Therefore, this part of the defendant's assertion of unreasonable sentencing is justified.

B. The lower court on each of the crimes in the case of 2018 Godan3340 decided in the lower judgment determined a punishment within a reasonable scope by fully taking into account all the circumstances as to the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial. Therefore, even considering the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is rejected.

3. Thus, the defendant's appeal on each part of the 2018 Highest 2670 cases in the judgment of the court below is justified. Article 364 of the Criminal Procedure Act is applicable.