2. The instant case pertains to the Defendants’ withdrawal of the amount of damage from the means of access used in the so-called phishing crime and remittance of the amount of damage or monitoring the amount of damage. Although the period of participation is shorter and the amount of profit received is not much high, the Defendants’ respective participation as a whole, such as withdrawal, remittance, and surveillance of the entire phishing organization, shall not be deemed to be minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

Defendant

In case of A, the damage amounted to KRW 100 million in total three times and there is no recovery from damage up to the trial.

As in the instant case, “salvic fraud (amount less than KRW 100,00)” that committed organized and specialized crimes after a large number of persons play a role in advance and planned in advance is determined to be sentenced to imprisonment with prison labor for a term of less than one year and six months, and the basic area of sentencing is set to be three years with prison labor for a minimum of one year and six months, and may be deemed to have an aggravated factor

Defendant

B, although the degree of participation is relatively minor, domestic primary offenders, the situation in which each aged parent should support, and all of these circumstances are considered to have been in mind after arrest, but they are considered to have already been considered in the original judgment.

In addition, various kinds of sentencing conditions indicated in the records, such as the motive for each crime of this case, the circumstances after the crime of this case, the degree and frequency of participation, the amount of damage, the age of the defendants, character and conduct, and the environment.