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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake; (b) voluntarily entering China after the instant crime and cooperating with the investigation; and (c) the fact that there is no record of criminal records exceeding the same criminal history or fine.
On the other hand, as a new type of crime newly emerging following the development of information and communication technology, the victims undergo considerable mental symptoms in addition to property damage, and the participation in the phishing crime which causes side effects that undermine trust in the overall society. In the case of phishing crime, the role of the steering staff is merely part of the total crime, and the role of the steering staff in the case of phishing crime seems to have been minor, but such a variety of roles can not be achieved if the role is not properly performed as an essential element for the execution of the entire crime. In light of the characteristics of the organized crime, the role of the defendant in the phishing organization is nothing more than soliciting the passbook to be used in the crime, and even if there is no significant share of the damage in the entire crime, the degree of punishment against the defendant cannot be somewhat less than that of the victim for this reason, and even if there is no significant damage to the victims, the damage of the crime in this case is a large amount of KRW 120 million,000,000 for the victims and no damage to the victims.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too heavy or unreasonable.