Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for not less than two years and six months.

evidence of seizure.

A. The lower court’s punishment against the Defendants (Defendant A: 2 years and 6 months of imprisonment; Defendant B; Defendant C: imprisonment with prison labor for 2 years and 1 year and 6 months) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.

2. Determination

A. We examine the reasons for appeal by Defendant A ex officio prior to the judgment on the grounds for appeal by Defendant A.

According to evidence duly adopted and investigated by the trial court, the defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court on May 31, 2017 and the judgment became final and conclusive on June 8, 2017. The defendant's crime of this case in the relation of concurrent crimes after Article 37 of the Criminal Act with the crime subject to the above final and conclusive judgment, and determined a punishment after considering equity between the case to be judged at the same time under Article 39 (1) of the Criminal Act and examining whether to reduce or exempt the sentence. In this regard, the part against the defendant A among the judgment of the court below cannot be maintained any further.

B. As to the grounds for appeal by Defendant B, C, and Prosecutor, the so-called Boishing crime, like this case, is a crime in which many persons act as a group of people and deceives the victims of organized and professionally unspecified number of victims, which is highly harmful to the individual and society. The Defendants have taken part in the criminal criminal conduct of phishing by themselves without any awareness of any specific crime to easily punish money. Defendant B, using a forged document, assumes a variety of roles such as deceiving the employees of the Financial Supervisory Service and remitting the money received by fraud from the direct victims to another account, and monitoring the organization members who receive the money by fraud. Defendant C also takes charge of receiving the money by fraud from the damaged persons. Defendant C also takes charge of the role of receiving the money by fraud, and the amount obtained by Defendant B is larger than KRW 132,2200,000,000, which is 360,000,000,000 won.