beta
Text
Defendant
All appeals filed by A, B, C, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. It is unfair that each of the punishments imposed by the lower court (one year and six months of imprisonment, and one year and four months of imprisonment) by Defendant A, B, and C is too unreasonable.
B. The prosecutor (in respect of the Defendants), who made a decision by the lower court (in relation to each of the above punishments, Defendant D, and E: 2 years of suspended sentence in six months of imprisonment) is deemed to be too uneasible and unfair.
2. The lower court rendered a judgment, based on the following circumstances: (a) the crime of Bosing was committed in intelligence and organized against many and unspecified persons; (b) the social harm of the crime is serious; and (c) the detection and recovery of damage is very difficult; and (d) the occurrence of the crime requires strict punishment regardless of the degree of participation and degree of damage; (b) in this case, most of the damage is not recovered; (c) Defendant D and E are aware that they were used for illegal purposes; (d) they leased an access medium; (c) all the Defendants are against themselves at the time of committing the crime; (d) Defendant A must support their wife and young children; (e) Defendant C suffers from brain damage due to a traffic accident; (e) there was a trouble in compromise with Defendant C; (e) social relation; (g) there was no criminal record; (g) Defendant B was sentenced to a fine due to a violation of the Electronic Financial Transactions Act by transferring access media; (g) Defendant D and agreed to reimburse the damage to the victim; and (g) Defendant D and the same type of criminal record in favor to E, respectively.
In addition to the circumstances considered by the lower court, Defendant C, on August 22, 2017, has transferred KRW 200,000 to the victim T as a postal money order.
In full view of the Defendants’ age, sex, environment, health, circumstances leading to the commission of the crime, degree of participation in the crime, means and consequence, scale of the crime, circumstances after the crime, etc., which can be known through records and pleadings, the court below rendered the judgment of the court below.