The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one year and four months of imprisonment) is too unreasonable.

Judgment

It is more favorable to the fact that the defendant recognized the crime of this case, and is against the fact that the thief crime of this case was committed, and the actual property damage to the victim did not occur since the attempted crime of this case was committed, and that there was no record of criminal punishment in the Republic of Korea.

However, the Defendant’s crime of this case is a crime of so-called “phishing,” under which social harm is serious, such as causing damage to many unspecified victims and undermining our society’s financial transaction order, and thus, requires strict punishment. The Defendant entered the Republic of Korea for the purpose of preventing the Defendant from committing the instant crime at the beginning, is disadvantageous.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem the lower court’s punishment is too unreasonable

Therefore, the defendant's assertion of unfair sentencing is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.