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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
No. 1. of seized Cases of "2019 Highest 2091".
Reasons
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. The crime of phishing fraud on the grounds of appeal is very serious social harm caused by the crime, such as punishing a large number of ordinary people to commit fraud in a systematic and systematic manner, thereby causing considerable property and mental harm to the victims, and brushing in the overall society of our society.
The crimes of Bosing are still taking advantage of our society, and the method of such crimes is growing more.
Therefore, the crimes of Bosing should be taken solemnly against the crimes of Bosing, and the crimes of violating the Electronic Financial Transaction Act, which are indivisible with the crimes of Bosing, should also be thoroughly controlled.
The defendant actively participated in the crime with the knowledge that he is responsible for the withdrawal of illegal monetary transactions from the beginning, and gained a lot of benefit from the crime.
In order to use private documents for crime, it was forged.
Many Internet fraud crimes have been committed repeatedly.
However, the defendant is led to confession and reflect.
Many victims have agreed to pay the amount of damages to the victims, and the victims do not want to punish the defendant, and the amount of damages which has not been paid finally is approximately KRW 2,80,00.
In the past, damage was repaid to the victim BP in the trial.
There is no previous offense exceeding a fine.
In addition, when comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. We examine ex officio the judgment of the court below on the confiscated portion.
The lower court shall affix the official seal of the Chairperson of the Financial Supervisory Service confiscated by the Defendant in the case of the 2019 Highest 2091, together with five copies of forged documents, and 11 copies of the statement of bank transactions.