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All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (10 months of imprisonment, confiscation) sentenced by the court below to the Defendants is too unreasonable.
B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.
2. We examine both the Defendants and the Prosecutor’s respective arguments.
The Defendants appears to have recognized the instant crime and against their mistake, and the fact that the instant crime was committed and the victim F and H did not actually cause property damage to the attempted crime; the Defendants had no record of criminal punishment in the Republic of Korea; and the Defendants’ family members, etc. were submitted to the Defendants, who were in favor of the Defendants.
However, the so-called “Sishing” fraud, such as the instant crime, is highly harmful to society, and is committed in a systematic, planned, and intelligent manner, and is in need of strict punishment even if a member of the organization participating in only a part of the instant crime was unable to arrest the entire organization, and the Defendants attempted to obtain money from the victims by using D who are not aware of the details of the instant crime. In light of the means and methods of the instant crime, such as misrepresenting the investigative agency to induce victims, the Defendants are disadvantageous to the Defendants.
In full view of all the above circumstances and conditions of sentencing, including the Defendants’ age, sex, environment, and family relation, it cannot be deemed that the lower court’s sentence imposed on the Defendants is too heavy or unreasonable.
3. In conclusion, the appeal by the Defendants and the appeal by the public prosecutor against the Defendants is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.