Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a term of two years.
Defendant .
Reasons
1. With respect to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendants appealed on the grounds that the Defendants were too unafford and unfair, on the grounds that the sentence is too unafford and unfair.
2. The judgment of Bosing crime is a crime that is planned and organized against many and unspecified persons and that is a crime that helps a large number of victims enjoying a large number of victims, and its nature of the crime is not good, and its social harm is also serious, and in particular, it is highly likely to criticize people who are in a very difficult place in the economic and social aspect.
In particular, the Defendants joined Vietnam as a member of the organization of the instant Bosing Criminal Organization, and performed the role of a telephone counselor, taking the first step of deceiving the victims, serving as an essential part in the completion of the Bosing Criminal.
From its role, the crime of this case was committed with conclusive intentional intent, and the period of participation in the crime is not shorter.
On the other hand, the defendants led to the confession of the crime of this case and agreed with some victims, and the defendant A agreed with the victim AI (the amount of damage KRW 9020,000), AG (the amount of damage KRW 500,000) and AH (the amount of damage KRW 3.460,000), and further agreed with the victim AF (the amount of damage) and AH (the amount of damage KRW 2.370,000) in the court below. The defendant B agreed with the victim AH (the amount of damage) in the court below, and further agreed with the victim T (the amount of damage KRW 2.8,00,000), AD (the amount of damage amount of KRW 558,00,000), AF (the amount of damage amount of KRW 3.460,000).
Defendant
A has no record of criminal punishment, and Defendant B has no record of crime exceeding the same kind and fine, etc. are favorable to the Defendants.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, the background and motive leading up to the instant crime, the circumstances before and after the instant crime, etc., and the sentencing conditions as shown in the changed theories.