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The judgment below
Of them, the part on Defendant F is reversed.
Defendant
F. be punished by imprisonment for a term of two years.
Defendant
A, D-.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A’s appeal ( Imprisonment with prison labor, three years and six months and additional collection) is too unreasonable.
B. The punishment of Defendant D’s appeal (a three-year imprisonment and additional collection) is too unreasonable.
C. The appeal by Defendant F and the prosecutor’s appeal by Defendant F: The imprisonment (one year of imprisonment) of the lower judgment is too unreasonable.
Prosecutor: The penalty of the lower court is too uneased and unreasonable.
2. Determination
A. The Defendants A and D-1 committed the instant crime at a disadvantage is a matter of obtaining money from the victims by misrepresenting the employees of financial institutions while joining the telephone financial fraud (hereinafter “scaming”), and it is very poor that the Defendants committed the instant crime in a systematic and planned manner against the unspecified number of victims according to their roles sharing.
Since the crime of Bosing is likely to cause property damage to the victims at the same time, the harm from the personal level is considerable, as well as the social and economic harm is very serious, such as the destruction of trust among the members of the society and the disbursement of a large amount of social costs.
In this case, the sum of the acquired money by Defendant A exceeds 566 million won, and the sum of the acquired money by Defendant D exceeds 426 million won, and the amount of the acquired money by Defendant D is considerably large.
The role of the Defendants at the Bosing Criminal Organization was not only the incidental level, such as the withdrawal of the money by fraud or the transportation, but also the “counseling” which directly phoneed to the victims and carried out the deception.
After arrival in China, the Defendants came to commit the instant crime even though they knew that they will act as a member of the organization of the criminal organization of the hostishing crime.
Defendants commit their crimes.