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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment of one year and two months.
seizure.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, confiscation, ten months of imprisonment, and confiscation) is too unhued and unreasonable;
2. Determination
A. The so-called “phishing” fraud, such as the instant crime, committed against Defendant A, constitutes a systematic, planned, and intelligent crime, and social harm is very high, and even if part of the crime is involved because it is difficult to arrest the entire organization, it is necessary to severely punish Defendant A.
This is disadvantageous to the defendant.
The defendant has no criminal record since naturalization in 2010 to the Republic of Korea.
The Defendant paid 10 million won to the victim H and agreed to do so.
This is the circumstances favorable to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, character and conduct, motive for committing the instant crime, and circumstances before and after the commission of the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
B. The Defendant, when making a judgment on Defendant B, shows the form of recognizing the instant crime.
It seems that the perception of the illegality of the Defendant’s crime of this case is somewhat weak.
The Defendant has no record of criminal punishment since his entry into the Republic of Korea over ten years prior to his entry.
This is the circumstances favorable to the defendant.
However, the defendant took part in the defraudation of approximately KRW 75 million from victims on seven occasions, and did not make any effort to recover damage.
The so-called “wishing” crime, such as the instant crime, is committed in a systematic, planned, and intelligent manner, and is highly harmful to society, and as it is difficult to arrest the entire organization, it is necessary to severely punish even if only part of the crime is involved.
This is disadvantageous to the defendant.