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All appeals filed by the Defendants and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment with prison labor for Defendants A and three years of imprisonment for Defendants B) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances favorable to the Defendants are as follows: (a) the Defendants are against the Defendants; (b) the Defendants are the first offender; and (c) the degree of participation as the collection of the so-called Bophishing crime by Defendant A is relatively minor.
However, the Defendants’ crime of fraud is a systematic and planned crime against many unspecified persons, with great social harm and harm, the number of victims of the instant fraud and the amount of damage to which the Defendants participated (Defendant B: 57 victims, total amount of damage amount of KRW 637.5 million, Defendant A: victim 7 victims, total amount of damage amount of KRW 5.126 million), Defendant A did not reach an agreement with the victims, the number of means of access stored and distributed by the Defendants is large (Defendant B: 47 times in total of KRW 51 and Chapter A13 times in total of KRW 14), and Defendant B is relatively leading in the distribution of the domestic large passbook.
In addition, comprehensively taking account of the Defendants’ age, character and conduct, environment, family relation, motive and background of the crime, and various sentencing conditions and sentencing guidelines as indicated in the record, it cannot be deemed that the lower court’s punishment against the Defendants is too heavy or unreasonable.
3. The appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.