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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence 2 through 11 shall be confiscated.
Reasons
1. The gist of the grounds for appeal is that the court below sentenced the defendant to one year and six months of imprisonment, and the prosecutor asserts that the court below's punishment is too uneasible and unfair in light of various sentencing conditions, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We also examine the Defendant and prosecutor’s argument on the grounds of appeal on unreasonable sentencing.
The crime of this case is a so-called Bosing crime that is closely planned and organized against many unspecified persons, and is of a structural characteristic that not only leads to a large damage to a large number of unspecified persons in a short period, but also is not easy to recover damage. Since trust relationship with the whole society has a serious adverse effect on the trust relationship, there is a need to strictly punish the person involved in the crime. The defendant takes an important role in each of the crimes of this case as a measure to withdraw the cash transferred by the victim to transfer the account and deliver it to the staff of the fraudulent Crime Group. The defendant is a reason for sentencing unfavorable to the defendant.
However, considering the fact that the defendant had no record of punishment in the Republic of Korea prior to each of the crimes in this case, the fact that the defendant was not able to make profits from each of the crimes in this case, the fact that the defendant was not able to make profits from the damage recovery as a result of endeavoring to recover damage, the victim wants to take the defendant's preference against the crime in consultation with the victim, and the motive, background, means and result of each of the crimes in this case, circumstances after the crime in this case, age, character and behavior of the defendant, family environment, and the result of the application of the sentencing guidelines of the Sentencing Commission of the Supreme Court, it is deemed that the punishment sentenced by the
Therefore, the defendant's argument is justified.
3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.