A defendant shall be punished by imprisonment for a term of one year and four months.

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the fact that there is a significant social harm caused by the phishing crime committed in a systematic and systematic manner, many victims have committed a crime several times, the amount of fraud exceeds KRW 90,000,00, and the defendant has already been punished twice as a crime of fraud, it is inevitable to punish the corresponding strict punishment.

However, the defendant recognized all crimes when he was in the trial, and against his mistake, and the victim AB, N and P in the trial, and the defendant seems to have recovered from damage by the defendant and his accomplice C, except one victim, in the end, by additional agreement with the victim AB, N, and P, and the defendant also submitted a written agreement to recover damage to seven of the victims who agreed with C in the trial.

In full view of the fact that the defendant has no criminal capacity to impose a fine exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment seems to be unreasonable. As such, the defendant's assertion on unfair sentencing is reasonable, and the prosecutor's assertion on this is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(2) If the Defendant’s appeal is without merit and the lower judgment is reversed, the Prosecutor’s appeal shall not be dismissed separately in its disposition). [Reasons for the judgment to be dismissed] Criminal facts and summary of evidence recognized by this court, and summary of evidence, the gist of the facts constituting an offense and summary of evidence is limited to “1. The Defendant’s partial statement in court” in the summary of the evidence of the lower judgment as “1. Defendant’s only