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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for four years.
Defendant
B, C, D, E.
Reasons
1. Regarding the summary of the grounds for appeal against the Defendants of the lower court (the Defendant A: 5 years of imprisonment; the Defendant C, D, G, H, L, and Q: Imprisonment with prison labor for 2 years, Defendant E, F, I, J, K, N, P, and Q: Imprisonment with prison labor for 1 year and 6 months), the Defendants asserted that the punishment of the Defendants is too unreasonable, and the Prosecutor argues that the punishment is too unreasonable.
2. Determination
A. The premise of common sentencing for the Defendants is a new type of crime that appeared anew following the development of information and communication technology, and the traditional method of receiving crimes, which leads to the victim's family's misrepresentation, or by misrepresenting the police, prosecutor's office, financial institution and public institution, etc., requires transfer by misrepresenting the victim's family. As such, the new method of receiving crimes is being developed through preventive public relations, and the victims still continue to occur.
The crime of Bophishing has caused the side effects such as causing the victims to suffer substantial inconvenience in financial transactions, and undermining trust in the whole society, such as causing the victims to suffer indirect damage caused by the inconvenience in financial transactions, such as causing confusion and incompetence in financial transaction order at the same time causing a large number of citizens in society as victims, and increasing financial transaction costs.
The crime of Bosing in this case, in which the Defendants participated, shall thoroughly share the roles of Defendant A, such as the general responsibility, team leader, counselor, etc., centering on Defendant A, thereby deceiving the money to an unspecified number of financial institutions in an economically difficult situation. The victim is a majority and the amount of fraud is also a large amount of crime.
The Defendants, who worked as counselors, are harsh in the speech that they can easily punish a large amount of money in China, and join the above criminal organization as a member of the said organization.