The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

This judgment.

2. The crime of phishing, such as this case, is a crime committed in a planned and systematic manner against many unspecified persons, and is likely to incur great damage to many victims in a short period, and there is a structural characteristic that is not easy to recover from damage, and there is a need to strictly punish since the trust relationship with the entire financial system has a serious adverse effect on the trust relationship. The Defendant merely withdraws the money acquired through the delivery of a passbook, etc., but rather opens a passbook to be used for phishing by forging the certificate, etc. of employment in the name of another and using it.

However, in full view of the various sentencing conditions shown in the argument of this case, including the fact that the defendant led to the crime of this case, the defendant is the first offender who has no record of criminal punishment, the defendant's net profit acquired by the crime of this case does not seem to exist significantly, and in particular, the defendant has already been living in prison for nine months, etc., the sentence imposed by the court below is somewhat inappropriate.

3. Since the defendant's appeal is with merit, the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed and it is decided again after the pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) The point of each fraud: Articles 347(1) and 30 of the Criminal Act;

(b) The receipt of each means of access: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

(c) each.