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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
The sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months, Defendant B: Imprisonment for 1 year and confiscation) declared by the court below is too unreasonable.
Judgment
The defendants of favorable sentencing elements recognize crimes and misleads them.
The Defendants do not seem to have much profit from the crime of this case.
Defendant
A did not have any criminal punishment exceeding a fine, but did not have any criminal punishment in the very poor family environment, and was in a situation that is economically difficult before and after the crime.
Defendant
B has several records of juvenile protective disposition, but there is no special criminal conviction, and it seems that there is no other investigator of the crime.
These circumstances can be considered as favorable factors to the sentencing of the Defendants.
D. However, it is necessary to impose severe punishment on a large number of unspecified victims for crimes of Bosing, such as the instant case, which are committed in a systematic and organized manner through multiple types of divisions, and which cause irrecoverable damage to the victims.
The victims of this case are many victims and the total amount of damages exceeds 380 million won.
Although the defendants' personal profit is not significant, the defendants recruited other accomplices to provide a deposit account (Access media) used for the crime, and withdrawn the amount of damage through the solicitation and withdrawal measures to deposit it to the crime investigation officers. It should be deemed that the defendants were in charge of the major and core roles of the crime of Bosing fraud.
The circumstances that are difficult to arrest the whole organization or to recover the amount by fraud shall also be taken into consideration due to the characteristics of the Bosing crime committed in the form of the occupied organization.
The Sentencing Committee of the Supreme Court is against the organized fraud crime against many unspecified or multiple victims as in the instant case.