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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (for the defendant A, one year of imprisonment, two years of probation, 80 hours of social service, confiscation, and 1 year and six months of imprisonment) by the court below is too uneasible and unfair.
B. The sentence imposed by the lower court by Defendant B is too unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court against Defendant A, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment against Defendant A by comprehensively taking into account the following circumstances: (a) the gravity of the crime of Bophishing, the criminal records against Defendant A (no criminal records exceeding the same kind and fine), and the smooth agreement with the victim; (b) the circumstances alleged by the prosecutor as the grounds for appeal are deemed to have been already taken into account in the sentencing process of the lower court; and (c) there are no new changes in circumstances that may change the sentence of the lower court in the trial.
In addition, considering all circumstances, such as Defendant A’s age and family members are leading to Defendant A, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or to be unreasonable because it is too uneasible.
B. It is reasonable to respect Defendant B in a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of Bophishing fraud is a serious crime that causes severe social and economic damage to a high level of systematic and planned crime and seriously adverse effects on the trust relationship of all members of society, thereby causing serious anxietys to the lives of many people. The continuous control is not easy, and the total amount of damage is KRW 260,000,000.