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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal asserts that the defendant's imprisonment (ten months of imprisonment) declared by the court below is too unreasonable.
On the other hand, the prosecutor asserts that the above sentence imposed by the court below is too uneasible and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable circumstances: The defendant took part in the Bophishing organization and committed the crime of this case. Such an act is highly unfavorable to the social harm: the confession and reflects the crime of this case; there is no criminal conviction above the suspension of execution; and there is no change in the sentencing conditions compared with the original judgment, since new sentencing materials have not been submitted in the trial.
The so-called “scaming” fraud is the most malicious type of fraud in terms of the method of deception, the nature of deception, the systematic and conclusive intention, and the fact that it is a systematic and secret criminal, among the intermediate crimes that can be punished by imprisonment for up to 10 years (legal penalty).
In addition, the Defendant committed a crime repeatedly against a number of victims, and most victims want to obtain a second financial right as they are not good economic circumstances, and the victims can be able to obtain a second financial right, and the victims can be able to obtain a second financial right, and the amount of monetary and mental damage caused by the fraudulentation is very large. Therefore, the degree of illegality of the instant crime committed by the Defendant is very high.
Therefore, considering the harm of the above crime, the defendant did not have a leading position to plan the crime within the entire criminal organization.
Considering the fact that the defendant's profits generated from a crime are not high, the defendant is strict to the defendant.