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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) The misunderstanding of the facts did not intend to commit the phishing crime with the nameless winners, and there was no intention to obtain the phishing.
2) The punishment sentenced by the lower court against Defendant B (the imprisonment of six months, the suspension of execution of two years, the observation of protection, community service, confiscation of 80 hours) is too unreasonable.
B. The prosecutor (unfair sentencing against the Defendants) committed by the lower court against the Defendants each sentence (for 8 months of imprisonment, 2 years of probation, 2 years of probation, observation of protection, community service work, 80 hours of confiscation, 6 months of probation, 2 years of probation, observation of protection, 80 hours of community service, 80 hours of confiscation) is deemed unfair.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant B’s assertion of mistake of facts, the intent of joint processing of the instant fraud, functional control, and fraud can be recognized.
Therefore, Defendant B’s assertion of mistake is without merit.
1) The criminal act of Bosing is an organized crime committed in intelligence with various stages of stages, such as a total policy that plans and instructs a total crime, a policy that induces and induces victims, and a policy that collects and transfers cash from the account holders that received money from victims, and a cash collection policy that distributes the money to the account given by the victims. It is common that the crime is committed in sequence among the aforementioned persons at each stage.
Such a phishing crime is widely known as an organized crime that has an organizational source that plays a separate role in collecting cash through press reports, etc.
2) Defendant B continuously moved to the area in accordance with the direction of the name-free box (hereinafter “F”) with no knowledge of the basic human information inquiry at all, and collected cash from many people.