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The judgment below
All parts of confiscation and compensation order, excluding the parts of confiscation and compensation order, shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. The decision of the court below (defendant A: imprisonment of four and half years; confiscation; imprisonment of two years; confiscation) is too unreasonable.
2. Determination
A. The Defendant’s judgment on Defendant A’s wrongful assertion of sentencing was committed against the instant crime even when the repeated crime was committed during the period of the repeated crime as a crime of fraud. The so-called “Sishing” fraud, such as the instant crime, consists of organized, planned, and intelligent crimes, and is highly harmful to society, and even if he participated only in part of the crime because it is difficult to arrest the entire organization, a strict punishment is required.
The amount of damage caused by the instant crime reaches KRW 280,000,000,000, and the Defendant, while misrepresenting the staff of the Financial Supervisory Service in the instant crime, received money directly from the victims, and the degree of his participation is not easy.
This is disadvantageous to the defendant.
However, the defendant shows his attitude to recognize and reflect all the crimes of this case.
After the defendant was arrested by an investigative agency, the defendant cooperates in arresting the accomplice.
The defendant's profits from each of the crimes in this case seems to be merely about 3% of the total amount of damage.
This is the circumstances favorable to the defendant.
In full view of such circumstances and circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, circumstances before and after committing a crime, equity in punishment for similar cases, etc., the lower court’s punishment is somewhat inappropriate due to the lack of sentence.
B. The so-called “Sishing” fraud, such as Defendant B’s instant crime of determining the illegality of sentencing, consists of organized, planned, and intelligent crimes, and social harm is very large, and it is difficult to arrest the entire organization, and even if part of the crime was involved, it is necessary to severely punish the crime.
This is disadvantageous to the defendant.