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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 1, 2, 7 through 17 shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unfluened and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of this case is to be sentenced to the defendant, considering the following: (a) the defendant took part in his body camp scam withdrawal measures and delivered ten copies of the physical card under the name of another person connected to the bank account managed by the above criminal organization; (b) the victim remitted the money to the account managed by the defendant, and then withdrawn it; and (c) the nature of the crime is very poor in light of the method and content of the crime; (d) various phishing crimes, including physical campaign scam, are very narrow and organized; (e) it is difficult to regulate the scope of damage; and (e) it is not easy to recover damage; and (e) it is highly likely that the scope of damage is considerably harmful to the society; and (e) the defendant was not able to receive the money from the victim.
However, considering the following facts: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant did not seem to have committed the instant crime under the final recognition of the substance and appearance of his body camping crime; (c) the part directly participating by the Defendant out of the total amount of damage is part; (d) the amount of damage is not large; and (e) the Defendant did not have any history of criminal punishment in Korea; (c) the Defendant did not have any history of criminal punishment in Korea; and (d) the Defendant’s age, career, character and conduct, environment, motive and background of the instant crime, means and consequence of the crime; and (e) the sentencing of a similar case as shown in the instant records and pleadings, such as the circumstances after the crime, is unreasonable.
Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is reasonable.