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The judgment below
Of the judgment below, the remainder except the compensation order against the applicant C and B shall be reversed.
Reasons
The punishment sentenced by the court below (two years and four months of imprisonment) is too unreasonable.
2. Determination
A. The crime of aiding and abetting the fraud and aiding and abetting the attempted fraud of this case is highly harmful to the society as so-called phishing crime, and the crime is committed systematically and planned against many unspecified persons, and it is necessary to severely punish even subordinate staff who participated in only part of the crime because it is difficult to arrest the entire organization. The defendant is a financial institution employee in the course of the crime of this case, as if he were a financial institution employee, and the degree of participation in the crime of this case is not easy. The victim from the crime of this case is 10,000 won, and the total amount of damage exceeds 110,000,000 won, and most damage still has not been recovered until the trial of this case is disadvantageous to the defendant.
However, when considering the circumstances favorable to the defendant, such as the defendant's age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the court below is too excessive and unfair, in light of the fact that the defendant seems to have been recognized and reflected in the whole crime of this case, the victim R, D, B, U, and the defendant does not want the punishment of the defendant in the first instance trial, the benefits derived from the crime of this case are not significant, and the fact that the defendant must look at the children who have a serious obstacle to the crime of this case, etc., and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, etc., the above argument by the defendant is reasonable.
B. According to the ex officio judgment of the court below as to the compensation order portion on the applicant D of the compensation order, the defendant is recognized to have repaid the damage to the applicant D of the judgment of the court below as the damaged party in the trial.
Therefore, the application for compensation order filed by the petitioner D for the original judgment is subject to the liability of compensation.