절도등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is unreasonable as it is too unfasible.
2. One of the defendants was responsible for the collection of cash in the phishing crime, and the amount of damage reaches KRW 90 million, and the defendant was paid 10% of the amount of theft in return for each of the crimes of this case, and considering the social harm, etc. of the phishing crime, it is reasonable to impose the defendant on the phishing crime.
However, considering the fact that the defendant shows the attitude of recognizing and reflecting his mistake, that the defendant has no history of criminal punishment in the Republic of Korea, and all the sentencing conditions shown in the arguments of this case, such as the age, sex, environment, etc. of the defendant, the sentence of the court below is too uneasible and unreasonable.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.