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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court against the Defendants is too weak or unreasonable.
2. The judgment of the court below is an unfavorable circumstance to the defendants, such as the fact that the crime was committed systematically and planned against many unspecified victims, that the nature of the crime is very poor as the ordinary people who want to obtain a small amount of loan, that the form or quantity of the crime is becoming more severe, and the damage caused by the crime is becoming more intelligent and advanced, and that the damage caused by the crime is not decreased. The defendants play a role as a telephone counselor in charge of direct deception in the crime of Bophishing, although the defendants play a role of the direct deception in the crime of this case, the fact that the victims are not many victims due to the crime of this case, but it seems that the number of victims were more in the process.
However, it is relatively minor that the Defendants made a confession of all crimes from the investigative agency and reflect their mistakes, the period of the Defendants’ participation in the crime is not more than 7 days, and the sum of three victims is less than 12 million won and the damage is less than 1,20 million won, the actual profits of the Defendants are also small, the victims are not subject to the punishment of the Defendants, the Defendants are still under the early 20th century, and the Defendants are still under the age of the early 20th century, and there is no criminal conviction against the Defendants, and there is a relatively clear social relationship with the Defendants, such as the fact that many members of the Defendants and many members of the Defendants want to take care of and guide the Defendants.
In light of such circumstances, considering all the sentencing conditions as the defendants' character and conduct, family relations, motive for the crime, and circumstances after the crime, the sentence imposed by the court below against the defendants is somewhat heavy.
3. Conclusion.