사기방조
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, two hundred hours of community service) is deemed to be too uneasy and unfair.
2. An unfavorable circumstance is that: (a) aiding and abetting the phishing crime committed against an unspecified number of unspecified victims and causing serious damage to the victims; (b) aiding and abetting and abetting and aiding and abetting and abetting and aiding and abetting are essential to achieve the principal offender’s purpose of committing the crime; and (c) the principal offender defrauds the amount exceeding KRW 10 million.
However, it is more favorable to the fact that the benefit acquired directly by aiding and abetting is not high, that it is against the depth of the crime, that there is no criminal record for the same kind of crime, and that there is no criminal record exceeding the fine.
In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, it cannot be deemed that the sentence of the court below is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.