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The judgment below
Part concerning Defendant A, B, and C shall be reversed.
Defendant
A, B, and C shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (the sentence imposed by the court below (the sentence of 1 year and 6 months for each of the imprisonment, 3 years of suspended execution, 3 years of forfeiture, 3 million won of fine) is too unfluent and unfair.
2. Determination
A. Both Defendants A, B, C, and C have shown an attitude to recognize and reflect all of the instant crimes, and they have no previous convictions in Korea.
However, the crime of this case is planned and organized against many unspecified persons, and the nature of the crime is very poor as a so-called "Sishing" fraud that leads to the massing of many victims. In order to suppress such a singing crime, strict punishment on the participation of subordinate officers is necessary.
Defendant
A shall be responsible for withdrawal of cash for a month, and the degree of participation in the crime of this case by Defendant B and C, such as drawing Defendant B and C into the crime of this case, is not less than that of the crime of this case, and the amount obtained by deceit is not more than 13 million won or less than the amount refunded, and most of the damage was not paid.
In addition, considering the above Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, etc., as well as various circumstances that form the conditions for sentencing as indicated in the instant records and theories of change, the sentence imposed by the court below is deemed to be unfair because it is too unfasible and unfair.
Therefore, the prosecutor's above assertion is justified.
B. Defendant D’s crime of this case is a transfer of access media by financial institutions used in electronic financial transactions. It is necessary to punish Defendant D as well as to undermine the order of financial transactions and impede the construction of a credit society, and as a means of crime, such as Bosing, etc.
However, the defendant D shows his attitude to recognize and reflect the crime of this case, the defendant D has no record of the same crime, and the age of the defendant D.