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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
seizure.
Reasons
1. The summary of the grounds for appeal (a two-year imprisonment and confiscation) of the lower court’s sentencing (a two-year imprisonment and confiscation) is unreasonable.
2. The Defendant, in collusion with a person under whose name the victim was not injured, was involved in the phishing crime; the Defendant took part in the phishing crime with a very large amount of social harm; the Defendant’s participation cannot be deemed minor, such as receiving the amount of damage from the victims and delivering it to the top-tier assistance staff; the Defendant committed the crime against the five victims; and the amount of damage reaches approximately KRW 90 million. In light of the above, it is necessary for the Defendant to bear strict liability corresponding thereto.
However, in light of the fact that the defendant is led to the confession of the crime, and is against the victim M,O, and B at the original trial, the victim D, H and additional agreements were made in the first instance trial, taking into account the circumstances favorable to the defendant that all victims do not want the punishment against the defendant. Considering the defendant's age, career, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the court below's punishment against the defendant is too unreasonable.
3. In conclusion, the part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified.
[Reasons for the new judgment as to the part of the defendant's case] Criminal facts and summary of evidence recognized by this court is limited to "1. Part of the defendant's court statement" and "1. Part of the defendant's court statement" in Part 6 of the judgment of the court below in Part 5 of the judgment of the court below and "1. Part 6 of the defendant's court statement", respectively.