전자금융거래법위반등
All appeals filed by prosecutors and defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too minor or unreasonable.
2. The instant crime committed on the grounds of appeal by the prosecutor and the Defendant is a so-called “Sishing” crime, which, in a systematic and professional manner, took part in multiple persons’ roles in accordance with a thorough plan, acquired money from an unspecified number of victims.
In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.
The amount acquired by deceit due to the instant crime is a large amount of money exceeding 77 million won in total.
The Defendant, as so-called so-called “book of Withdrawal or Transfer,” played a significant role in the entire crime.
In light of these points, it is inevitable to severely punish the defendant.
However, the amount acquired in return for the defendant in the course of the crime of this case shall not be big in the amount obtained through fraud as a million won.
The defendant recognizes the crime up to the trial of the party, and is in depth repenting his mistake.
The defendant is the first offender.
On the other hand, the defendant paid the victim J money to the court below and agreed that the above victim expressed his intention not to punish the defendant.
In addition, comprehensively taking account of various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, the above punishment that the lower court sentenced did not be deemed to be too minor or unreasonable.
The above argument by a prosecutor and the defendant is without merit.
3. If so, the appeal by the prosecutor and the defendant is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.