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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The judgment below
(2).
Reasons
1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the sentence is too unreasonable, and that the prosecutor is uneased and unreasonable.
2. In light of the fact that the crime of Bophishing fraud is highly harmful to society, the defendant's role in receiving cash from victims in the crime of Bophishing fraud is not easy to take part in the crime, and the degree of participation is forged a public document under the name of the Chairperson of the Financial Services Commission for the purpose of using it for the crime of fraud, and the amount of fraud is up to 61.3 million won, it is inevitable to punish the defendant significantly.
However, in light of the fact that the defendant shows an attitude of recognizing and opposing all the crimes, and that part of the amount of damage was recovered by paying the victims the amount of 30 million won out of the amount of damage, and the victims do not want to be punished against the defendant, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the court below's punishment is unreasonable.
3. In a case where the defendant, ex officio, files an appeal against a conviction against an applicant for compensation, even though he does not object to the order for compensation, the order for compensation is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and thus, the part of the order for compensation against the applicant
In the trial of the court below, the agreement of the applicant for compensation was submitted at the court below, and the above agreement states that "the defendant's complaint against the defendant shall be revoked and the remaining civil claims shall also be waived, while receiving KRW 17.5 million out of the amount of 35 million in letter," and it constitutes a case where the existence or scope of liability for compensation is unclear, and thus, an order for compensation shall be issued.