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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) is against the defendant, and the defendant commits the crime of this case due to economic difficulties, and only takes charge of the defendant's role in withdrawing the money according to the direction of his accomplices, and the defendant's mother and his/her father and mother reside in China, and maintain their livelihood with the defendant's monetary care dependent on his/her money that he/she is sent, and thus, the defendant's mother and his/her father and his/her father are living in China. Thus, if the period of detention expires, the defendant's mother and his/her mother are faced with serious difficulties, and some victims do not want the defendant's punishment, and take into account equity with the case where the judgment of October 6, 2015 becomes final and conclusive at the same time, etc., the sentence of imprisonment with prison labor of the court below is unreasonable.
2. The instant crime is a so-called “singishing” crime, which is not highly likely to be a systematic and planned intelligent crime, and the Defendant is in charge of the essential role to complete the crime by withdrawing the amount obtained by taking advantage of the access media received and taking charge of the essential role for the Defendant to withdraw the amount obtained by taking advantage of the recipient media. Therefore, the degree of participation in the crime is not weak.
The sum of the victims of the instant crime is KRW 78,200,000, and the damage was not recovered properly.
On the other hand, the defendant is in depth divided, did not overall lead the crime of this case, and took part in the crime in a relatively simple form.
Since the Defendant was sentenced to four years of imprisonment due to the crime of conflict under the same law and the judgment became final and conclusive on October 6, 2015, it is necessary to consider equality of punishment to be expected when the judgment was rendered simultaneously with the above crime of conflict. Unlike other accomplices, the Defendant is five of the victims of the above crime of conflict, etc., for which the judgment became final and conclusive and five of the victims of the instant crime.