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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
The sentence (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
In the past, the defendant has been punished several times as a crime of fraud of similar law, and even though he has been punished 14 times in total due to fraud, he has committed the crime of fraud in this case.
In particular, the Defendant committed the crime of fraud by using each of the computers of this case during the period of repeated crime due to fraud.
However, the amount of damage caused by the instant fraud and fraud by using computers, etc. is relatively large.
The defendant agreed to the investigation agency only with the other victims except the N of the victim.
In addition, the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., as shown in the arguments of this case, and the first crime in the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court / [the scope of the recommended sentence] under the category 1 (less than KRW 100,00), the mitigation area (one month to one year), the mitigation area (special mitigation), the mitigation area of punishment [the scope of the recommended sentence] under the category 1 (less than KRW 100,00), the mitigation area (one month to one year) [the special mitigation area] under the category 1 (less than KRW 100,00), the mitigation area of punishment [the mitigation area] under the category 1 (less than KRW 100,000] under the category of general fraud (the special mitigation area] under the category of punishment or damage recovery from the majority of the same repeated crimes: the final sentencing scope based on January to June, etc.
Therefore, the defendant's argument is justified.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Reasons for the Judgment of the Supreme Court 【The Facts constituting a crime and the summary of the evidence recognized by the court 】 The summary of the facts constituting a crime and the summary of the evidence are the same as stated in each corresponding column of the judgment of the court below.