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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant of the Prosecutor.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (one year and four months of imprisonment) against Defendant A is too unreasonable.
B. Each sentence against the Defendants of the lower court (for the foregoing reasons, Defendant A, Defendant B, C, and D: Imprisonment with prison labor for each one year, a suspended sentence of two years, and a community service work for one hundred and sixty hours) is deemed unreasonable.
2. Determination
A. The crime of this case, which is common for sentencing grounds, was committed by multiple persons in accordance with a tight Plan, and was committed in China using a provisional name, organized, and professionally, and was committed by ordinary people and unspecified victims who wish to receive small loans.
In addition, the crime of Bophishing is likely to adversely affect the trust relationship in the overall society by making the general public imprue state agencies or financial institutions, etc.
In particular, the organization to which the Defendants belonged was deceiving a large amount of money by deceiving many victims at the call center office established in China.
However, in full view of the circumstances favorable to the Defendants, such as the period during which the Defendants commit a crime was committed and the period of criminal punishment, the principle of equity in sentencing with other accomplices, etc., the propriety of sentencing for the Defendants prescribed by the lower judgment should be determined.
Defendant
The circumstances unfavorable to the defendant are as follows.
In comparison with other defendants, the period for committing the crime of the defendant is long, and the amount of damage occurred during the above period is about 70 million won.
However, there are the following favorable circumstances for the defendant.
The defendant is deeply divided into and reflected in the crime of this case.
The defendant shall recover the damage of three victims from the trial.