In this case, although the defendants participated in the so-called Bosing criminal organization and withdraw the amount of fraud by taking part in the criminal organization of the so-called Bosing criminal organization, Defendant A, Defendant B, and C do not have any minor degree of participation, and the means of access in which the amount of fraud of this case amounts to KRW 11887 million and the amount of damage to the fraud of this case amounts to KRW 56,000,000, which is kept to the extent of 56.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bophishing crime committed in the form of a occupied organization, and the Bophish crime has an adverse effect on the whole society of Korea.

In addition, although the defendants agreed with some victims in the trial, it is still insufficient to view that the victims' damages were completely recovered.

(However, since considerable damage amount is preserved in the money exchange account, it appears that it can be recovered to some extent after the damage can be recovered after the fact. This situation seems to have already been reflected in the sentencing of the lower court. Sentencing criteria, as in the instant case, the term “corporate fraud (at least KRW 100 million, less than KRW 500,000)” which committed organized and specialized crimes by sharing roles among many people, as in the instant case, refers to two years of imprisonment with prison labor for the lower limit and five years of imprisonment with prison labor for the basic area in the sentencing guidelines, and there are aggravated factors of punishment for unspecified or large number of victims, and in the instant case, there are concurrent crimes under the former part of Article 37 of the Criminal Act.