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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of probation, two years of probation, observation of protection, and one hundred and sixty hours of community service in October) is deemed to be too uneasy and unfair.
2. A favorable circumstance such as the Defendant’s acknowledgement of the instant crime and reflectability exists.
However, the crime of this case is a so-called " Bosing," which is planned and organized against many and unspecified persons, and its nature is not very good, and its social harm is serious.
The crime of telephone financing fraud, such as Bosing, takes place not only in total liability but also in part by subordinate officers such as withdrawal books, remittance books, solicitation books, and delivery books, and thus, there is a need for strict punishment for each act of participation. As such, the Defendant’s liability for withdrawal that the Defendant is responsible for is not easy.
Furthermore, even in the past, the Defendant was notified that “The transfer of a passbook, etc. may be used for phishing crimes” may be used in the investigative agency due to the suspicion that the passbook was transferred and the account was used for the crime, and there was a previous conviction in the crime of fraud in 2014 and 2015, and each fine was imposed for the crime of fraud in 2015.
In this case, the Defendant provided an agricultural bank account under his name and delivered the money deposited to the account, and then received a notice from the financial institution to the effect that “the said account was used for phishing crimes, and thus take ex officio measures to suspend transactions,” the Defendant committed each of the instant crimes by withdrawing the money deposited to the post office account under his name C without stopping the commission of the crime and then delivering the money deposited to the name in his name to the non-party (see, e.g., various circumstances).
It is also difficult to see the above circumstances, and the Defendant’s age, sex, and so on.