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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than two years and eight months.
Defendant
A and.
Reasons
1. The gist of the grounds for appeal is that the defendants are too unfasible with respect to the punishment of the court below (five years of imprisonment, five years of imprisonment, three years of imprisonment) and the prosecutor is too unfasible and unfair.
2. We examine both parties’ assertion of unfair sentencing against the Defendants.
A. The need for eradicating and eradicating the harm and injury of the singishing crime, such as the instant case, is committed against many and unspecified persons in a planned, systematic and intelligent manner by misrepresenting a financial institution or public institution. As such, the nature of the crime is weak by making use of the singular organ as a major object of the crime, and the social harm caused by the crime, such as intelligence, etc., is also serious.
In addition, the above crime is highly likely to seriously undermine the trust of the state agencies and financial institutions of ordinary members of society as well as the victims, and it is highly necessary to eradicate the crime through strict punishment even if it is a subordinate member who participated only in part of the crime because it is difficult to arrest the whole members due to the nature of the crime.
B. Defendant A, while staying in Thailand for a long time, conspired with the employees of Bosing and deceiving victims directly by telephone. In particular, the Defendant, under Q, as the team leader of the organization, was under the direction of Q, managed the team members in charge of the crime of Bosing and receiving criminal acts of Bosing and paying the contingent fees, etc., and performed the essential and core roles of the crime of this case, such as delivery and payment of the contingent fees to the team members, etc. The crime of this case is very poor; the victim’s total amount of 44 persons, fraud amount of 715,150,000 won, and did not recover from damage.