사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the sentencing of the court below (the confiscation of evidence No. 1 and 6 months of imprisonment) (the confiscation of evidence No. 1) is too uncompared, and the prosecutor is too uncompared and unreasonable.
2. The crime related to Bophishing is committed in a systematic, planned, and intelligent manner to inflict serious damage on many unspecified victims, and it is not easy to recover the damage, and there is a need to punish the persons who committed the crime with severe social harm in general preventive perspective.
The defendant has entered Korea to take part in the crime by a foreigner and has a strong degree of participation in the crime.
The damage of the victim B was not recovered.
However, the defendant recognizes a mistake and is against the law.
The profits that the defendant acquired through the crime is relatively little.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not unfair.
3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.