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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court against the Defendants (one year and two months of imprisonment, and confiscation (Defendant A) is too unreasonable.
B. The above sentence against the Defendants by the prosecutor of the lower court is too unhued and unreasonable.
2. The grounds for appeal in this case by the Defendants and the Prosecutor are as follows: (a) the Defendants’ health team; (b) the Defendants reflects their mistake in depth; (c) the Defendants were the first offender who has no record of criminal punishment; (d) the Defendants’ family members and branch members appear to have taken into account the continuous criminal act; and (e) the Defendants’ family members and branch members appear to have strong intent to protect the Defendants; and (e) Defendant A’s restoration of the victims of the fraudulent act in the original judgment and the trial; and (b) the instant case’s violation of the so-called “Sphishing” fraud and the Electronic Financial Transaction Act led to the instant crime in collusion with other Chinese accomplices; and (c) the Defendants were in a form of crime with high possibility of social criticism; (d) the Defendants’ role in withdrawing cash; and (e) the Defendants actively participated in the instant crime as the role of delivering the means of electronic financial transactions (such as the physical card, etc.); and (e) the Defendants’ family members and branch members appear to have strong the Defendants’ intent to protect the Defendants; and circumstances following the Defendants’ criminal acts.
3. In conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the prosecutor are without merit.