Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
No. 5 shall be forfeited from the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the defendant led to the confession and reflect of the crime of this case, and that the defendant has no record of criminal punishment in Korea is favorable to the defendant.
On the other hand, the following is disadvantageous.
The amount of damage from the crime of this case reaches 7 million won, and the amount of the attempted crime exceeds 50 million won, and no damage has been recovered until now.
The Defendant acquired KRW 5.4 million due to the instant crime.
The defendant stolen the cash in custody of the victim by intrusion upon the victim's house, and played an essential and critical role in the completion of the crime of Bosing.
The so-called Bophishing crime, such as the Defendant’s instant crime, is virtually a crime subject to all citizens of the Republic of Korea by misrepresenting them to various state agencies and financial institutions, and is extremely poor in its nature.
This crime is very difficult to arrest the main offender in the investigative agency because the main offender resides or is operated as an occupation organization in a foreign country, and is a big social problem, but there is a high need for general prevention through strict punishment as the crime is more extreme.
Moreover, there is an unreasonable and unfair situation such as punishing a civil dispute between those who provided means of payment such as passbook and those who acquired money and those who acquired money without revealing the principal offenders who actually acquired profits through the singing crime.
In light of this, the role of the criminal who participated in the Bosing crime is nothing more than simple participation and it does not have an individual benefit.