컴퓨터등사용사기등
The defendant's appeal is dismissed.
The defendant will pay 12,00,000 won to the applicant AF.
1. The sentence of the lower court (a two years and six months and confiscation) is too unreasonable in light of the summary of the grounds for appeal (unfair sentencing) and various circumstances.
2. The Defendant is a domestic first offender.
It is recognized that the defendant confessions all of the crimes of this case and reflects them, and that part of the amount of damage has been seized and returned to the victims, etc.
However, in this case, the defendant's delivery of the access media used for the so-called phishing crime and delivery of the withdrawal to the book, and the degree of defendant's participation in the delivery of the access media by the entire phishing organization and the remittance as a means of remitting the amount of damage is minor.
shall not be deemed to exist.
The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of a braille organization, and the adverse effect of the crimes of Bosing shall also be considered to the whole society of our society.
As in the instant case, the term “institutional fraud (amount of damage to KRW 100,000, but less than KRW 500,000)” that committed a systematic and professional crime by sharing the roles of multiple persons in advance is determined to be five years of imprisonment with prison labor for a minimum of two years, and the basic area of the sentencing guidelines is determined to be five years of imprisonment with prison labor for an unspecified or a large number of victims.
In this case, there is no special reason to sentence a sentence lower than the above basic section in the case where multiple crimes of the same kind and different types (violation of the Electronic Financial Transactions Act) are committed in the concurrent crimes under the former part of Article 37 of the Criminal Act.
Although the total amount of damage caused by fraud exceeds KRW 200 million, there is no additional damage recovery except the amount of damage seized at the site until the depth of the party.
In addition, the various circumstances, which form the conditions for sentencing, such as the motive of the instant crime, circumstances after the crime, the age of the accused, and sexual conduct, have changed compared to the original judgment.