사기등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the sentence against the Defendants of the lower court (a prison term of one year, three years of suspended execution, three years of community service order, confiscation, and 120 hours of imprisonment, two years of suspended execution, two years of community service order, confiscation, and confiscation of Defendant C: 10 months of imprisonment, two years of suspended execution, two years of suspended execution, and confiscation) is too unreasonable.
2. The so-called “singishing” fraud, such as the instant crime, consists of organized, planned, and intelligently causing significant social harm, and as it is extremely difficult to arrest the entire organization members, it is necessary to severely punish the subordinate members who participated in only a part of the crime. The Defendants’ participation in the crime by keeping the access media to be used for the singishing crime, and withdrawing and delivering the amount of damage on several occasions.
It is difficult to see that the Defendants are disadvantageous to the Defendants.
However, the Defendants both recognize and reflects the crimes, the total amount of damage caused by the crimes committed by Defendant A and B is KRW 82 million, the total amount of damage caused by the crimes committed by Defendant C and the total amount of KRW 4.6 million is not a relatively large amount. Defendant A did not have any record of crimes other than the punishment for a fine due to the crimes committed by this type two times. Defendant C is the first offender, Defendant C is a juvenile of 17 years old at present, Defendant C has no record of punishment in Korea. Defendant C is a juvenile of 17 years old, and there was no record of punishment in Korea. The total amount of damage was recovered by the victims by paying each amount of damage to the victims, and all the sentencing conditions specified in the records and arguments of this case, such as character and behavior, environment, family relationship, motive, and circumstances after the crimes, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.