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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The prosecutor appealed each of the grounds for appeal on the ground that the sentence imposed by the court below (six months of imprisonment) is too unfilled and unfair. The defendant appealed from the court below on the ground that the above sentence imposed by the court below is too unreasonable.
2. It is recognized that the Defendant recognized all of each of the instant crimes, aiding and abetting the crime of fraud, and that the amount of damage is relatively large.
However, the crime of Bosing is not easy to detect and arrest because the method of crime is organized, intelligent, and it is very big social harm caused by it is difficult to prevent damage, and in order to eradicate the crimes of Bosing, it is necessary to take strong measures against the actors who participated in the form of aiding and abetting even though it is necessary to eradicate the crimes of Bosing.
In addition, the defendant had the record of receiving a summary order due to the crime of violation of the Electronic Financial Transactions Act, and even though he could have sufficiently known that the passbook leased could be used for the crime of Bosing, he did not repeat the crime of violation of the Electronic Financial Transactions Act immediately after the above summary order became final and conclusive, but did not withdraw the money actively obtained, or remitted the money to another account to commit the crime of aiding and abetting the fraud of this case. The responsibility for the crime is very heavy.
The defendant has been punished for the same kind of crime, and is not well aware that he is a repeated crime due to a different type of crime, and it is inevitable to sentence a severe penalty for the crime of this case.
In addition, considering all the sentencing factors shown in the records and arguments of this case, such as the defendant's age, family relations, background of growth, and background of crime, the sentence imposed by the court below against the defendant is too uneasible and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows after pleading (the appeal by the defendant is without merit, but by the