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The defendant's appeal is dismissed.
Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act.
Reasons
1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.
2. It is recognized that the circumstances such as the fact that the Defendant made a confession of all the crimes of this case and repented his mistake in depth are recognized.
However, according to the crime of this case, the defendant was paid KRW 100,000 per head of the Tong to the telephone financial fraud group, and four head of the Tong shall be transferred to the telephone financial fraud group, such as a nameless winner, thereby aiding and abetting the fraud of the telephone financial fraud group, and by deceiving victims to sell used goods, etc., the crime of this case is considerably poor in the nature of the crime in light of the method and contents of the crime, etc., the agreement with victims of the crime of this case or restoration of damage can not be properly achieved until the case is in question. The defendant has been punished three times by a fine due to the violation of the Act on Fraud and Electronic Financial Transactions, the fact that there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and the sentencing standard of punishment with the same or similar case, the age and conduct of the defendant, environment, motive and circumstance of the crime, etc., and the sentencing guidelines of this case and the sentencing guidelines of the majority of the punishment guidelines are not applied to the punishment guidelines of each of the crimes of fraud.
Comprehensively taking account of internal points, etc.