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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and six months.
Reasons
The summary of the grounds for appeal (e.g., imprisonment and six years) sentenced by the court below is too unreasonable.
Judgment
The so-called “Singishing” crime in which the Defendant participated is an organized and planned crime that is sufficiently prepared in advance, and is not very good in quality of the crime, such as that it amounts to an unspecified number of victims and has a serious adverse effect on the trust relationship with the whole society. Considering the structural characteristics of the crime and current investigation conditions where it is not easy to detect and arrest the criminals due to its operation in the form of the occupation of the organization, it is necessary for the person who participated in the crime to eradicate such a crime, even though the subordinate employee, there is a need to strictly punish the crime. The Defendant established a bank account by using the name of the corporation, the registration certificate and seal impression, etc. from the accomplice, and transferred the account to the accomplice with the passbook and cash card connected to the account, etc. The degree of the Defendant’s participation in the crime and the liability for the crime cannot be easily assessed, and the amount obtained through fraud reaches KRW 750 million,500 million, and there is no damage to the victim during the period of the crime in this case.
However, it appears that the Defendant’s mistake is against the Defendant, and that he did not actively participate in the scaming crime, and that the Defendant did not gain profit compared to the amount of the scam damage, and that the amount of damage caused by the defraudation related to the Internet goods is relatively small, there are circumstances that can be considered in light of the circumstances in which the Defendant participated in the instant crime to maintain his livelihood, and that the Defendant is still young.