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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too minor or unreasonable.
2. The instant crime committed on the grounds of appeal by the prosecutor and the Defendant is a so-called “Sishing” crime, which, in a systematic and professional manner, took part in multiple persons’ roles in accordance with a thorough plan, acquired money from an unspecified number of victims.
In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.
The Defendant, as a so-called “book or Withdrawal Book,” played a significant role in the entire crime, and was engaged in police activities while committing the crime.
The defendant has repeatedly committed the crime of this case two times, and the amount acquired by deceit is a large amount of money exceeding 28 million won.
The Defendant had the record of criminal punishment of imprisonment with prison labor for the same crime before committing the instant crime.
In light of these points, it is inevitable to severely punish the defendant.
However, the defendant is recognized to commit the crime up to the trial of the party, and his mistake is divided in depth.
At the court below, the defendant paid the amount of damage to the victim C, and the above victim expressed his/her intention not to punish the defendant.
The defendant was also involved in the arrest of another criminal who participated in the crime of Bosing during the investigation process.
On the other hand, there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment.
In addition, the defendant's age, sex, criminal record, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. are various conditions of the argument in this case and the sentencing indicated in the record.