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(영문) 광주지방법원 2017.02.16 2016노5098

사기방조등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The gist of the grounds for appeal (1) The Prosecutor’s sentence (5 months of imprisonment and confiscation) of the lower court is deemed to be too uneasible and unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. The fact that the judgment of the defendant recognizes and reflects the crime, and that the defendant has no criminal record of suspended execution or more is favorable to the defendant.

The following facts are disadvantageous to the defendant.

The so-called Bosing crime aiding and abetting the Defendant to commit the crime in this case is virtually a crime target to all citizens of the Republic of Korea, and it is extremely poor that the crime is committed in a discriminatory manner by misrepresenting various national agencies and financial institutions.

These crimes are very difficult to arrest the main offenders from the investigative agency because they reside or are operated as a occupied organization abroad, and are becoming a big social problem, however, as the number of crimes becomes more diverse, the crime is terminated, and the need to prevent it is very high through strict punishment.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

In addition, the Defendant had been found to have been suspected of transferring the passbook to a third party and was subject to a disposition of suspension of indictment. However, the Defendant sent an OTP card to a third party, informed him of the password, and released the amount of scam loss and delivered it to the lighting staff, thereby aiding and abetting the criminal conduct of scam.

The total amount of damage caused by the instant crime is approximately KRW 27 million.

However, it is not easy to expect damage in the future in light of the financial situation and ability of the defendant.

In addition, the circumstances of the crime of this case, circumstances after the crime, the age and conduct of the defendant.