Text
The judgment below
The part of the defendant's case against the defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
(b).
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for 10 months, confiscation, Defendant B: imprisonment for 6 months, Defendant C: imprisonment for one year and 4 months, Defendant D: fine of 12 million won, confiscation, Defendant E: fine of 7 million won, and confiscation) is too unreasonable.
B. Each sentence of the lower court (with respect to Defendant A, B, C, and D) is too unhued and unreasonable.
2. Determination on the grounds for appeal
A. Circumstances favorable to Defendant A are as follows.
The Defendant recognized all of the crimes of this case and reflected in the instant case.
The defendant is an elementary offender who has no record of criminal punishment.
The defendant deposited 2.2 million won for the victim L and 1.8 million won for the victim AD respectively in the court below. After the decision of the court below, the defendant B deposited and paid the remaining damages, and the damage was fully recovered.
Circumstances unfavorable to the defendant are as follows:
Defendant participated in the crime of Bophishing in a systematic and systematic manner, mass production of many victims, and it is not easy to recover from damage.
On March 25, 2016, the Defendant committed an offense in violation of the Electronic Financial Transactions Act (2016No. 1048) and dismissed a request for detention warrant on March 25, 2016, the Defendant again committed an offense in violation of the Electronic Financial Transactions Act and committed fraud (2016No. 744) on April 5, 2016.
In addition, considering the Defendant’s age, character, career, environment, circumstances, and result of the crime, all of the sentencing conditions specified in the instant records and pleadings, such as the records and the circumstances after the crime, the sentence of the lower court is too unreasonable.
It can not be said that it is improper because it is too unfeasible or too unfasible.
The defendant and prosecutor's assertion are without merit.
B. Circumstances unfavorable to Defendant B are as follows.
The defendant took part in the crime of Bophishing, which is not easy to recover from the damage, systematically and systematically, the number of victims.