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1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and four months;
3. The victim of seized mail;
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and confiscation) is too unreasonable.
2. The crime of this case was committed by the Defendant by deceiving many unspecified victims and obtaining the passbook, etc. to be used as a passbook from the above victims, or by defrauding them with money as expenses incurred in lending by the Defendant in collusion with the assistants of the financial fraud crime.
The so-called Bophishing crime, such as the crime of this case, is the main object of the crime committed by the so-called Bophishing crime, which is organized, planned, intelligent, and financial and social weak, so even though the law of acceptance of the crime is not so much specific damage amount, it is not easy to recover from damage after the death of the victims. On the other hand, multiple victims and members of the society who are charged with the crime of this case make the state agencies, financial institutions, etc. unafford, and as a result, it is very poor that the crime has a serious adverse effect on the trust relationship in the whole society, and the possibility of social criticism is high, so it is necessary to eradicate the harm through severe punishment.
In particular, the number of victims of the instant crime exceeds 100 and the total amount of damage is a large amount of KRW 1,856,056,882, and the Defendant plays a key role in the instant crime, such as the establishment of office or the recruitment of telephone counselors, and the preparation of a large passbook, etc. to be used for the instant crime, and most of the victims' losses have not been recovered.
However, if the defendant recognizes the crime of this case and reflects it, if the defendant excluded from the suspended sentence due to special larceny on May 27, 1994, there is no record of criminal punishment, and seven victims are in the trial of the defendant.