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Defendant
All appeals filed by A, B, and prosecutor are dismissed.
Reasons
1. As to the summary of the grounds for appeal (e.g., imprisonment of one year and ten months and confiscation, imprisonment of one year, one year, two years of suspended execution, two years of community service, 160 hours and confiscation), Defendant A and B filed an appeal to the court below that the sentencing of the court below is unfair because the prosecutor is too unfasible.
2. In the case of Defendant C, considering the negative effects of our society caused by the phishing crime in the event that the account holder’s name was provided to the phishing organization and withdrawn the amount of damage, the crime’s nature is not less than that of Defendant C.
However, Defendant C is a first-class offender of a society beyond adult age, and does not seem to have engaged in the instant crime as an employee of the organization of the crime of Bosphishing and having a conclusive intent or as an employee of the organization of the crime of this case. It does not have direct profits from the crime, and it is recognized that the victims agreed to pay KRW 18750,000 to the victims and all of them have not been punished.
Defendant
A, B, both of the Defendants are domestic first offenders, prosecuted, during the period of the instant crime, and the Defendants’ direct profits from the crime appear to have not been much significant, and the victims have paid part of the amount of damage and agreed.
However, in the case of Defendant A and B, Defendant C was involved in each of the instant offenses, as a means of monitoring and delivery by the Singishing organization, which supervised Defendant C, who was the withdrawingr, and delivered the amount of damage withdrawn by Defendant C to the total book. Even though the period of each of the instant offenses is shorter and the number or amount of fraud is not much high, the degree of each of the Defendants’ participation as a means of monitoring and delivery by the entire Singishing organization cannot be deemed as minor.
The circumstances where it is difficult to arrest the entire organization or to recover the amount by fraud due to the nature of the Bophishing crime committed in the form of the occupied organization, and the Bophish crime has an adverse effect on the whole society of Korea.