사기미수방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The reasons for appeal (one year and six months of imprisonment) of the lower court is too unreasonable.
2. The offense of phishing is highly harmful to society by causing serious material and mental harm to many unspecified victims, not facilitating the recovery of damage, and causing harm to state agencies and financial institutions.
The crime of Bosing takes part in a systematic manner and the role of the liability for cash collection is unnecessary in the completion of the crime of Bosing. As such, the role of the liability for cash collection was to simply withdraw and deliver the amount of damage.
Even if there is a need to punish phishing crimes in order to eradicate such crimes.
Most of the damages caused by the instant crime were not recovered, and the victims also want to punish the Defendant.
However, in full view of all the sentencing factors indicated in the records and theories of the instant case including the fact that the Defendant recognized the Defendant’s mistake, the Defendant did not have any criminal record of the same kind, and the amount of damages, as well as the punishment for the crime of this kind, the sentence imposed by the lower court seems to be somewhat unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1), Article 32(1) of the Criminal Act regarding criminal facts, the pertinent legal provision regarding the choice of punishment (a) and Articles 347(1), 352, 347(1), and 32(1) (a) of the Criminal Act; Article 32(2) and the former part of Article 55(1)3 of the Criminal Act subject to aggravated punishment of concurrent crimes under Article 37 of the Criminal Act subject to statutory mitigation of punishment.