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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Defendant
B.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (one year and six months of imprisonment, and one year and two months of imprisonment) is too unreasonable.
2. Determination
A. The crime of voiceing fraud with common matters is serious harm to the society, but it is not easy to arrest the criminal. As such, there is a great need to prevent recurrence by taking account of the degree of participation of the participants and the circumstances such as actual proceeds of the crime.
As the delivery of access media for electronic financial transactions also harms the general trust and financial transaction safety of persons in the name of financial transaction, illegal gambling, phishing fraud, and other crimes and illegal business use, criminal offenders easily commit the crime, while the detection and arrest of the crime and the recovery of damage to victims are causing serious social harm, such as making it very difficult for them to commit the crime. Therefore, it is necessary to severely punish the Defendants.
B. In light of the above circumstances and the degree of Defendant’s participation in each of the crimes of this case, it is inevitable to sentence Defendant A’s imprisonment with labor.
However, in light of the fact that the Defendant appears to reflect on the confession of each of the crimes in this case, that the Defendant agreed with the victim'sO at the original trial, that the Defendant agreed to pay the agreed amount to all victims under the agreement with the victim's R, that there was no criminal conviction in the same kind of crime, that there was only one time of fine for the same kind of crime, and that there are other conditions of argument and all of the sentencing specified in the record, such as the Defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court's punishment against the Defendant is too unreasonable.
(c)
Defendant
As to B, the defendant appears to be against the victim in the confession of each of the crimes in this case, and the judgment of the court below is the victimO.