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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 sentence imposed by the lower court (one year and eight months) on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case is deemed to have been obtained by deceiving the Defendant to the effect that the Defendant used or borrowed a mobile phone in his/her name without permission by using his/her personal information, which he/she became aware of while working in the beauty room, and obtained pecuniary benefits by using a credit card. The crime of this case is highly likely to be committed in light of the specific details and circumstances of the crime of this case, the period and frequency of the crime, and the result of the crime.
The number of crimes has continued for a considerable period of time, and the total amount of damage exceeds KRW 77 million, and the amount of damage is large.
Despite the fact that the victims were deemed to have suffered significant property damage due to the crime of this case, a considerable portion of the amount of damage has not been recovered until the trial of the party, and the defendant did not receive any accusation from the victims separately.
Even though the defendant was punished three times due to the same crime, the defendant's criminal liability is heavy if he/she takes into account the fact that he/she was punished by a fine.
Since the sentence corresponding to it is inevitable to declare it.
However, in light of the equity among similar cases, the sentence of the lower court, which sentenced the Defendant for a year and eight months, seems to be somewhat high in view of the fact that (i) the Defendant recognized the instant crime and seriously reflects the Defendant’s mistake, and (ii) the Defendant did not have any criminal record exceeding the fine; and (iii) the sentencing cases of lower courts, which correspond to the applicable law of the instant crime and the amount of damage, are closely examined.