beta
Text
The judgment below
The part of each prosecuted case against the Defendants shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
Reasons
【Judgment on Grounds for Appeal】
1. The decision of the court below against the defendants in summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, and the imprisonment of one year) is too unreasonable.
2. Each of the crimes of this case is that the Defendants provided human and material facilities, and acquired money in the name of claim guarantee expenses from many victims by pretending to lend money through telephone counseling, and the period of the crime is long. The crime is very systematic, organized, and intelligent, and the victim is an unspecified number, and the victim is a large amount of 130 million won in the amount of damage. In light of the roles and status of the Defendants in each of the crimes of this case, the Defendants need to be punished for severe punishment.
However, in the case of Defendant A, there is no history of crime before the instant case, and even Defendant B did not have the history of punishment for the same kind of crime, the Defendants agreed with 11 victims at the lower court’s stage, and additional 28 victims agreed with all the victims except for four victims whose contact numbers cannot be known, and the Defendants expressed their attitude of breaking the Defendants’ mistakes. In addition, considering the sentencing conditions stated in the instant pleadings, such as the age, character and conduct, motive, means and consequence of the Defendants, the lower court’s punishment against the Defendants is unreasonable.
3. Thus, the part of the judgment of the court below regarding each prosecuted case against the Defendants under Article 364 (6) of the Criminal Procedure Act is reversed as the defendants' appeal is justified, and it is decided as follows through the pleading.
The court below ordered each order for compensation to the Defendants in accordance with the application for compensation filed by E and G, but withdrawn each application for compensation filed by E and G for the Defendants when the applicant for compensation came to the trial.