beta
Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
seizure.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's punishment (two years of imprisonment) is too unreasonable.
The lower court’s sentence of the prosecutor (e.g., e., e., g., e., e.
Judgment
The crime of telephone financial fraud and so-called "scaming" is a planned, organized, intelligent, and significant result of the crime that is committed by misrepresenting a reliable organization, such as a government agency, etc., which causes serious social harm caused by the crime, such as creating a scambling and creating another expense for the prevention of the crime, and causing another expense to be incurred by the public agency, etc., as well as the total liability, call center, as well as the participation by subordinate officers, such as solicitation, collection measures, remittance measures, etc., it cannot be said that the degree of participation in the crime is low. As the participation of the subordinate staff is difficult to detect the subordinate staff, and there is a need to strictly punish the subordinate staff's participation in the crime. The defendant, as a collection method, is not less complicated than the nature of the crime, such as directly deceiving the victims or deceiving the employees of the Financial Supervisory Service, and that the victims and the defendant did not reach an agreement with the defendant more than 150,000 won.
However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes; (b) there is no record of criminal punishment exceeding the fine imposed on the Defendant; (c) there is no means to impose criminal punishment on the Defendant; (d) the criminal proceeds distributed by the Defendant are relatively small; and (e) the Defendant paid and agreed to pay part of the amount of damage to the Victim AC when the Defendant was in trial; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment
Ultimately, the defendant's assertion is justified.