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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal is that the court below sentenced one year of imprisonment and a fine of two thousand won to the defendant. The summary of the grounds for appeal by the defendant is too unreasonable in light of the fact that the defendant is against the defendant. The summary of the grounds for appeal by the prosecutor is that the court below's punishment is too unreasonable, and the summary of the grounds for appeal by the prosecutor is too unreasonable in light of the criminal liability such as the degree of the defendant's participation
2. The instant fraud crime constitutes the so-called telephone financial fraud crime, and thus, the crime is committed against the person who is planned, intelligent, and socially weak, and thus, the nature of the crime is not always good. It is not only a large amount of damage to the majority of the victims, but also a serious crime that may undermine the trust of public institutions and interfere with the normal performance of public duties.
The role of the defendant is to collect and deliver the passbook and debit card to receive the remittance of the defrauded, which constitutes an essential part of the same type of crime as this case, and is also directly connected with the accomplice who commits the act of defraudation, and the degree of the defendant's participation is very heavy by soliciting other accomplices as his subordinate organization to directly engage in the crime.
In addition, the Defendant had been punished several times due to fraud, gambling, etc., even though he had been under suspended sentence due to his previous convictions, he committed the instant crime and did not take any measures to recover damage.
In addition, even though the defendant wanted to take care of the situation such as supporting his child, in light of the contents of the crime of gambling of this case committed before the commission of the crime of this case, it is doubtful that the defendant's above defense is true.
In addition to all the sentencing data such as the defendant's age, character, conduct and environment, the defendant is cooperating with the investigation of drug crimes.