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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing by prosecutor) that the lower court sentenced the Defendants to the punishment (one year of imprisonment and three years of suspended execution, etc.) are too uneasible and unfair.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Telecommunications financial fraud crimes, such as Bosing, etc., include not only the scope of damage, but also the scope of damage, which is not easy to recover from damage, and also are intelligent, so social harm and injury is very high, so it is necessary to strongly cope with the role of the participants or personal gain in order to eradicate it.
However, the Defendants played the role of withdrawing or remitting cash using the cream cards that are essential to complete the crime of Bophishing fraud.
In addition, the Defendants seem to have been aware of the illegality prior to the instant crime, and have been involved in the instant crime by the same phishing organization. The Defendant continued to commit the instant crime even after having been aware of it, by warning the Defendant A, Ma-gu AX, who was an accomplice, that “the Defendant was a phishing fraud.”
However, the criminal act of Bophishing, which was prosecuted for the instant case, was only once, and the Defendants agreed to recover the victims from considerable damage and smoothly.
The Defendants, from the police to the trial, recognize the crimes relatively purely.
The Defendants were arrested and detained in the instant case and detained for more than two months from the time the lower judgment was pronounced.