Text
Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal asserted that the court below's punishment (one year and six months of imprisonment for each of the defendants) declared by the defendants is unfair, Defendant A without fault, and the prosecutor asserts that it is unfair due to unfunching.
2. We also examine the criminal defendant A and the prosecutor's improper arguments in sentencing.
The so-called “scaming” crime, like the instant case, is a crime that is a planned and organized crime against many and unspecified persons by misrepresenting a prosecutor and prosecutory investigator, and is a bad crime.
The Defendants are those who called the victims at the call center of the telephone finance fraud organization to find out the financial transaction information necessary for Internet banking by misrepresenting the victims, and do not have the degree of their participation.
Due to the instant crime, a number of victims did not recover from the victims.
However, in light of the following circumstances favorable to the Defendants, and other various sentencing conditions set forth in the pleadings of the instant case, such as the Defendants’ age, sex, environment, family relation, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable.
Defendants have no record of being punished for a serious crime except for one fine.
Defendants recognize and reflect their mistakes.
The amount of benefits actually acquired by the Defendants as a result of the instant crime is not significant.
3. In conclusion, since each appeal by Defendant A and the prosecutor is without merit, it is dismissed in entirety under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.