컴퓨터등사용사기등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (a prison term of one year and six months, and confiscation), the Defendant asserts that the prosecutor is too unfeasible and unfair.
2. The social harm of the phishing crime is serious, and in this case, the Defendant actively participated in the organization of the phishing crime and actively took part in the organization of the phishing crime, and it is necessary to severely punish the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognizes the instant crime and is against the Defendant; (b) there is no record of criminal punishment exceeding the fine imposed on the Defendant; (c) there is no record of criminal punishment and criminal punishment for the same kind of crime; (d) part of the defrauded amount of the instant fraud was immediately confiscated at the scene of the crime; and (e) the victim’s damage was not realized as a result of the impossibility of withdrawal; (d) the victim did not wish to punish the Defendant by mutual consent with the victim in the first instance; and (e) other various circumstances, such as the Defendant’s age, sex behavior; (e) motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc.,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision is rendered again as follows ( insofar as the defendant's appeal is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor's appeal against it shall not be dismissed separately). 【The criminal facts and the summary of evidence acknowledged by the court are the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Articles 49(4)1, 6(3)1 (a) and 347-2 and 30 (a) of the Criminal Act regarding facts constituting an offense. Article 49(4)1, 6(3)1 (a) of the Act on Electronic Financial Transactions, Etc., Articles 347-2 and 30 of the Criminal Act.