공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
Seized evidence 2 shall be confiscated.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, confiscation) of the lower court is too unreasonable.
2. The crime of Bophishing was committed in a systematic and planned manner against many unspecified victims, and the social harm therefrom is serious. As such, the Defendant took part in the crime by forging and uttering official documents, falsely misrepresenting the employees of the Financial Services Commission, and remitting them to the account used by the Bophishing organization. The most serious criminal liability, and the fact that there was a record of being punished by a fine due to the lending of the means of access in 2018 is disadvantageous.
However, in full view of the favorable circumstances such as the confession of all the crimes of this case and the violation of their depth, the victims do not want the punishment of the defendant, the economic benefits derived from the crime of this case are not significant, there is no record of punishment exceeding the fine, the social relation is clear, and the defendant shows no re-offending, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the circumstance before and after the crime of this case, and other circumstances such as the defendant's age, character, behavior, career, environment, etc. as shown in the argument of this case, it is recognized that the sentence of the court below is heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 225 of the Criminal Act and Articles 225 and 30 of the Criminal Act (the point of Article 30 of the Official Document) and Article 229 of the Criminal Act concerning criminal facts;