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All of the Prosecutor and the Defendants’ appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for one year and six months, and Defendant B: imprisonment with prison labor for one year and one year) declared by the lower court to the Defendants is too unhued and unreasonable.
B. The sentence imposed by the court below on the Defendants is too unreasonable.
2. Determination of the prosecutor and the defendants' arguments are also examined.
The Defendants’ confessions of the instant crime and reflects on the victim’s part and the amount of damage during the Defendants’ participation period up to the trial. The Defendants agreed to pay for the victims and the amount of damage, and the Defendants were detained for a considerable period of time after being arrested in China around September 8, 2015. The crime of this case is highly likely to cause social harm and does not eradicate continuous enforcement, and it is strictly punished. The instant crime was committed by the Defendants, who directly participated in the phishing organization in China, and the nature of the crime is not very good. Defendant A asserted that there was only one time to commit the crime of direct telephone, and Defendant B did not take part in the direct phone, as in the instant case, but the Defendants took part in the phone call organization, which is the core part of the Defendants’ participation in the crime of this case, and played a significant role in the organization of the phishing organization during which the Defendants took charge of the crime of this case.
It can not be seen that L, M, and N, etc., who participated in the crime with Defendant B, appear to collapse in China at the proposal of Defendant B, and considering the Defendant’s age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the records of this case, including the circumstances after the crime, etc., it is determined that the sentence imposed by the lower court against the Defendants is appropriate.