사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 1 to 6 shall be confiscated.
1. The sentence of the court below (one and half years of imprisonment) against the prosecutor and the defendant on the summary of the reasons for appeal by the defendant is too minor or unreasonable;
2. The instant crime of determining the illegality of sentencing by the prosecutor and the Defendant is a so-called “sishing” crime, which, in a systematic and professional manner, took part in multiple persons’ roles in accordance with a thorough plan, took part in the crime, and obtains money from an unspecified number of victims.
In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.
The amount acquired by deceit due to the instant crime is a large amount of money exceeding 44 million won in total.
The Defendant, as so-called so-called “book of delivery,” played a significant role in the entire crime. During the crime, the Defendant engaged in the use of secret water by forging the employee certificates, etc. under the name of the Financial Supervisory Service, exercising them, and possessing sludge in order to keep fingerprints at the site.
In light of these points, it is inevitable to severely punish the defendant.
However, the amount acquired in return for the defendant in the course of the crime of this case is not large in the amount obtained by fraud by over 00 million won.
The defendant recognizes the crime up to the trial of the party, and is in depth repenting his mistake.
Defendant has no past record of criminal punishment.
Meanwhile, among the instant crimes, the Defendant committed an attempted crime against the victimO, and the Defendant paid the victim H and K KRW 15 million each at the lower court, and agreed that the victims expressed their intention not to punish the Defendant.
In addition, the arguments and records of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and methods of the crime, and circumstances after the crime.