전기통신금융사기피해방지및피해금환급에관한특별법위반등
All appeals by the Defendants and the Prosecutor are dismissed.
The gist of the reasons for appeal by the Defendants is that the punishment of the lower court (one year and six months of imprisonment) is too unreasonable, and that the prosecutor’s grounds for appeal are too unfluent and unfair.
In light of the fact that the Defendants led to confession and reflect on each of the crimes of this case, Defendant A did not have any particular criminal history before each of the crimes of this case, Defendant B had only one fine and only one fine. The fact that the Defendants agreed with each of the victims of this case is the factors for sentencing favorable to the Defendants.
However, as in the instant case, the crime of Bosing was committed on a planned and organized basis for many and unspecified persons, thereby causing serious damage to the victims, and the social harm and severe punishment are required. The Defendants’ participation in the call center team in which the victims directly deception the victim, and the degree of participation is not easy, is an element for sentencing disadvantageous to the Defendants.
In addition, comprehensively taking account of the various factors of sentencing as shown in the instant pleadings, such as the Defendants’ age, sexual conduct, environment, the process and consequence of the instant crime, the circumstances after the instant crime, etc., it is not recognized that the lower court’s punishment against the Defendants is too heavy or too unreasonable.
Therefore, all appeals filed by the Defendants and the public prosecutor are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.