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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of two years and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of one year and eight months.
Reasons
1. Summary of grounds for appeal;
A. Each sentence sentenced by the lower court (three years of imprisonment, two years of imprisonment, and two years of imprisonment) is too unreasonable.
B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.
2. The crime of phishing fraud is likely to be a planned and organized act against many and unspecified persons, and there is a need to strictly punish the harm that has caused to the whole society by promoting a large number of victims.
In particular, the Defendants joined the Bophishing organization and took part in the activities as a telephone counselor, and acquired money from many victims, and obtained the money by fraud is not much.
Nevertheless, the Defendants did not agree with some victims, and the Defendant A recommended K to join the instant Bosing Organization.
However, the Defendants recognize all of the instant crimes and reflects the mistake, and Defendant B did not have any criminal record exceeding the fine, and Defendant C is the first offender.
In addition, in the court below and the party court, the defendant A and C agreed with some victims (victims BD, AT, AU, AS, Z, AW), and partially compensated for the damage of the victim BG. In the court below, the defendant B agreed with some victims (victim AX, BE, AV, and AR), and the defendants agreed to some victims (victims AM, BC, and BH) in the court below.
Considering such circumstances, comprehensively taking into account the sentencing factors as the Defendants’ age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendants' assertion is justified and the prosecutor's assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore justified.