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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and four months of imprisonment) is too unreasonable.
2. Determination [ favorable circumstances] The Defendant, as the first offender, led to confession and reflect on the instant crime.
The defendant did not play a leading role in the crime of this case and the profits acquired by the defendant are relatively small.
The defendant deposited 1 million won in the court below for the victim G and 2 million won in the court below's judgment.
[Unfavorable circumstances] The Defendant took part in the Defendant’s act of withdrawing cash in a systematic and planned manner.
The phishing crime needs to be strictly punished because of its serious social prejudice.
As a result of the instant crime, the victim G suffered damages of KRW 49.99 million, and the victim N suffered damages of KRW 2.370,000, and most of the damages were not recovered.
In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and criminal records, etc., the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.
It does not appear.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.