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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The defendant asserts that the punishment of imprisonment with prison labor of three years sentenced by the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unreasonable.
2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.
The so-called Bophishing crime is a crime subject to a large number of unspecified persons, and is committed in a brupted organization and tightly differentiated by using highly intelligent water methods. As such, the target of the crime not only causes serious damage to the property of individuals, but also damages the social trust required by state agencies, financial institutions, etc., while it is difficult to arrest the body of the criminal organization due to the simplification and instruction of the organization and the anonymousness of the system of giving instructions, making it difficult for the organization to arrest the body of the criminal organization to spread more, and thus, the nature of the crime or the possibility of criticism is extremely high, but it is very highly necessary to punish it strictly.
Considering the fact that the Defendant served as an important role in ordering the withdrawal of the Defendant’s actions, the Defendant was in a position not easily exposed to the water death during the Bosing Organization, and the Defendant did not agree with the victims of the instant crime, and did not make any effort to recover damage, the Defendant’s criminal liability for the instant crime is very heavy.
However, among the amount obtained by deception of the crime of this case, the sum of the amount withdrawn by the defendant's instruction is KRW 28 million, the defendant is not deemed to have been in the leading position of the crime of this case, the amount of nine years has already passed since the crime of this case was committed, there is no evidence to confirm that the defendant was involved in other crimes, and there is no record of domestic punishment until now, and the defendant recognizes and reflects the error in the trial.