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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the Defendant recognized all crimes and reflected the mistake in depth and did not repeat the crime.
The actual amount of profit acquired by the defendant through the crime of this case does not reach the amount of fraud, and there is no considerable amount of the mobile phone opened in the name of the victims, and it seems that there is no amount of the mobile phone price in the name of the victims, and it is less than the amount of actual damage acquired.
However, the crime of this case is very intelligent and planned that the defendant, along with many accomplices such as AF, caused small loans to unspecified victims, secured the cell phone opening documents, etc. under the name of the victims, and then received sales incentives from the mobile carrier by opening the cell phone in the name of the victims, and the means and methods of the crime, such as exporting the cell phone opened in the name of the victims to China, are very intelligent and planned, and thus, the nature and crime of the crime are heavy.
The defendant opened 426 mobile phones with the market price of 392,650,100 in the name of 359 victims for a period not exceeding one year, and the victims of this case were many victims, and most of the victims of this case did not want to receive a loan, but they did not receive a loan, and they were placed in the place where only the mobile phone charges should be borne.
Since the defendant was opened in the name of the victims and then the mobile phone that has passed to China can be distributed as a large phone and used for various crimes, the social harm caused by it is very high.
It is inevitable to actively attract many accomplices who operate mobile phone sales store to commit the crime, so it is necessary to make a strict punishment corresponding to this.
In addition, all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the accused.