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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
Reasons
1. The sentencing of the court below (two years and six months of imprisonment) is too unreasonable.
2. The crime of fraud in relation to the principal crime of this case is one of the typical crimes in which the defendant sent text messages to the effect that he/she will obtain another person's personal information in collusion with E, etc. to arrange for a large amount of loans, and the victim suffers from telephone, and the crime is planned, organized and organized, the period of the crime is also long, and the amount of fraud reaches about 3.2 billion won in total; the defendant is not deemed to be less than 25% of the amount of fraud by participating in the crime of this case as a telephone counselor at the early stage of the crime of this case and taking 25% of the amount of fraud as allowances; the defendant has not yet been paid damages to most victims; the defendant has been sentenced to imprisonment with prison labor for two years on June 5, 2008, and completed the execution of the repeated crime on April 1, 2010, and he/she committed the crime of this case during the period of punishment.
However, in full view of the fact that the defendant was in a trial and reached an agreement with the victim AO, and other factors of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment