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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
B.
Reasons
1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, and the defendant B: 10 months) declared by the court below is too unreasonable.
2. The crime of this case constitutes a telephone financial fraud crime. The crime of this case constitutes a planned and intelligent crime, which is not only good quality, but also constitutes a serious crime with a structure that leads to the massing of many victims. Since the Defendants’ cash withdrawal and delivery made it possible for accomplices of the fraud to gain benefits from the crime in reality, the degree of their participation in the crime cannot be deemed to be somewhat weak in terms of the act of execution, it is necessary to punish the Defendants accordingly. In light of the above, each sentence against the Defendants is examined.
A. When Defendant A was arrested by Defendant B, who is the accomplice of the instant case, the fact that Defendant A left China around June 2013 and had been engaged in the escape life until the arrest of Defendant B around April 2014 is disadvantageous to the Defendant.
However, it is difficult to recognize that the Defendant was involved in the crime of this case in accordance with the solicitation of Defendant B, and that there was a secret and specific conspiracy or intent to commit the crime of this case in advance, and that the period of the crime of this case is less than 20 days, and that the sum of the amount obtained by the Defendant out of the sum of the amount obtained by deceit of this case does not exceed 20 million won, the Defendant paid part of the damages to five of the victims of this case, and agreed to the extent that the victim AD, H, Z, Z, and W reached the first instance, there was no record of punishment for the same crime of this case, and there was no record of the Defendant’s punishment for the same crime of this case, and other conditions of sentencing as indicated in the pleadings of this case, such as age, character and conduct of the Defendant, motive, means and consequence of the crime of this case, etc.