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All appeals by the defendant and prosecutor are dismissed.
Reasons
In light of the summary of the grounds for appeal (unfair form of punishment) and the fact that the defendant and his defense counsel committed the instant crime in order to raise living expenses and hospital expenses while suffering from economic difficulties while the defendant shared the hospital expenses of father who are alcohol-related dementia patients, the defendant committed the instant crime in order to raise funds for living expenses and hospital expenses, reflects the mistake, and delivers the money by fraud, the defendant was in charge only, did not actively participate in the instant crime, and the profit gained from the instant crime was insignificant, and there was no record of punishment imposed by the defendant either for the same crime or for a fine exceeding the fine, the sentence of imprisonment with prison labor and six months is too unreasonable.
In light of the fact that the so-called "Sscam" criminal act in this case was committed by the public prosecutor by deceiving the victims that the victims would be able to borrow money by misrepresenting them with financial power personnel, and the defendant, in collusion with the above criminal investigation staff, was involved in the crime by taking the cash from the nominal owner of the account in which the money was deposited and remitting it to the designated account, and it is not good that the defendant took part in the crime. The crime in this case is an organized crime that has been thoroughly planned in advance, and the total amount of damages suffered by the five victims is KRW 162 million, and the damage recovery was not entirely performed, it is unfair to punish the court below's punishment too much.
Judgment
The defendant is not generally led to the crime of this case, but is not likely to have actual profits.
A defendant has no record of being punished for the same crime or of being punished exceeding a fine.
On the other hand, the crime of this case is a so-called "phishing" crime that is organized, planned, and intelligent, and thus not only is the quality of the crime but also is likely to lead an unspecified number of victims in a short period, and thus has a great social hazard.
The defendant is from victims.