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The judgment below
The part of the 2019 Highest 2223 shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation order is immediately determined and excluded from the scope of adjudication of this court.
2. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in this case, or erred by misapprehending the legal principles, despite the fact that the Defendant conspireded to commit the crime of Bophishing fraud in relation to the crime in this part of the facts charged, and sufficiently recognized the facts charged.
3. Determination
A. The summary of the facts charged in the instant case is as follows: (a) the facts charged in the instant case are as follows: (b) the facts charged in the instant case and the subsequent case of “2019 Godan5462.”
The statements in the name of the "2019 Highest 5462" are those of the so-called "Sphishing" organization that assumes phone calls from many unspecified victims, and assumes them as "in order to obtain low interest rate loans and maths passbooks, they shall enhance credit reputation by partially repaying the existing debts," and that, as the victims might face loans, they shall transfer money to the accounts secured in advance after deceiving the victims.
The Defendant, at the end of November 2018, proposed that “E Loan Business” posted by the above names in the “D” website through the job offer advertisement, namely, “A debt collection staff box, salary KRW 4,00,000, F materials, and contact information,” “one of the above names,” and “us will be engaged in the business of collecting claims as a lending business entity, and one of them will be engaged in the business of collecting claims.” The Defendant would pay an amount equivalent to 1% of the above amount and one million won per month.”