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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. In light of the conclusion of the judgment, the instant fraud committed by the Defendant was committed closely and systematically against many and unspecified persons, which is so-called Bophishing crime, and has a structural characteristic that is not easy to recover damage, and thus there is a need to strictly punish a person who has participated in the fraud since the trust relationship with the whole society has to have a serious adverse effect on the victims. The actual victims have not been recovered from damage, and the transfer or acquisition of the means of electronic financial transactions strictly prohibits abuse of the means of access to 25 electronic financial transactions, but the Defendant transferred or acquired the means of access to 25 electronic financial transactions, and the fact that the said means of access, which the Defendant recruited, was used for the fraud, is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) the Defendant voluntarily surrenders to the investigative agency to cooperate in the investigation of accomplices; (c) the Defendant appears not to have been able to gain profit from the instant crime; and (d) the Defendant was not sentenced to the penalty in addition to having been sentenced to the previous punishment; (b) equity with the punishment imposed for the principal offender of the instant crime; and (c) other various circumstances, including the motive for the instant crime; (d) the Defendant’s age, character and conduct, environment, family relationship; and (e) the conditions for sentencing prescribed in Article 51 of the Criminal Act, as indicated in the records and arguments,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
(b).