사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1 to 11 shall be confiscated.
1. In view of the fact that the Defendant took part in the withdrawal of the organization of Bosphishing frauds, and that Bosphishing’s waste on society, the sentence of the lower court (one year of imprisonment and confiscation) is too uneased and unreasonable.
2. The Defendant is a domestic first offender.
It is recognized that the crime of this case was committed for a period of two days, and that it appears that the defendant's direct profit was not made.
However, this case is a case where the Defendant withdraws or transfers a means of access used for the so-called Bophishing crime by withdrawing or transferring the amount of damage. Even if the period of participation is shorter and the number or amount of fraud is not much, the degree of the Defendant’s participation as a whole cannot be deemed to be minor.
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 the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.
There is no recovery from damage up to the trial.
As in the instant case, the phrase “stegic fraud (the amount less than 100 million won)” that committed organized and professional crimes after a large number of people shared their roles in advance and planned them in advance is determined to be sentenced to imprisonment with prison labor for a minimum of one year and six months, and may be deemed to have an aggravated element of punishment in cases where the basic area of the sentencing criteria is set at a minimum of one year and six months, and where a large number of crimes of the same kind and different types (violation of Electronic Financial Transaction Act) are committed against an unspecified or large number of victims. There is no special reason to sentence a sentence lower than the said basic area.
In addition, the sentencing conditions specified in the records and arguments, such as the motive for the instant crime, the circumstances after the instant crime, the age, character and conduct, and criminal records, are various.