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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Nos. 1 to 4 of seized evidence shall be from the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) was withdrawn by the Defendant’s assertion of mistake of facts during the initial grounds for appeal at the first trial on the trial date.
Considering the various circumstances of this case, the punishment of the court below against the defendant (the punishment of two years and six months of imprisonment, the seized evidence 1 to 4) is too unreasonable.
2. The Defendant’s sentence against the Defendant is inevitable in light of the following: (a) the Defendant was involved in the instant crime by directly forging the false document under the name of the Chairman of the Financial Services Commission; (b) the degree of participation in the instant crime by directly forging the false document under the name of the Chairman of the Financial Services Commission; (c) the amount of fraud by the Defendant did not specify 3,565 million won, and the amount of fraud by the instant crime is not specified as KRW 3,565,00,000, and the amount of damage caused by the instant crime is also significantly spreading; and (d) the damage has structural characteristics that are not easy to recover from the damage; and (e) the Defendant has a high possibility of criticism as being involved in acquiring the amount equivalent to 4% of the amount of fraud, even though he sufficiently aware that his act was related to the phishing; and (e) the Defendant paid money to the account known to the victims by using it; and (e) there is considerable need to consider the punishment level and equity of the same kind of similar case.
However, the defendant recognized the crime of this case and reflects his mistake, and the defendant did not have any specific criminal record in addition to once a fine is imposed on him, and the defendant was in the first instance and the amount of damage was 22,300,000 won by agreement with the victim C, which had been the most important part of the defendant, taking into account the favorable circumstances, such as the defendant's age, sexual conduct, intelligence and environment, motive, means, means, and result of the crime.