A. In light of the fact that Defendant A’s mistake was divided and reflected, the first offender was committed, and the crime of fraud was committed, and there was no benefit from the crime of this case, etc., the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. In light of the fact that Defendant B’s mistake is divided and reflected, there is no benefit acquired by the crime of this case, and family members suffer difficulties in living due to the detention of the Defendant, etc., the punishment (eight months of imprisonment) imposed by the lower court is too unreasonable.

2. Determination

A. In common sentencing grounds, each of the crimes in this case is the acquisition of a means of access that can be used for the crime, such as fraud or telephone financial fraud, by the so-called Bosing method, and the nature of the crime is very poor in light of the fact that the method of crime is organized and intelligent. The acquisition of the means of access by the Defendants is an essential part in the Bosing crime, and the role of promptly delivering cash stored in the storage of the victim immediately after the crime is committed is not only the means to acquire the money obtained after the crime but also the very important factor to decide whether to implement the crime itself. As such, the degree of the Defendants’ participation cannot be deemed to be somewhat weak and there is a need to punish the Defendants.

B. As to the Defendant’s assertion, the Defendant appears to have committed a misunderstanding, and the Defendant did not have the history of criminal punishment in Korea, and the fact that the instant fraud crime was committed in the attempted crime is favorable to the Defendant, but the reason for the common sentencing as seen earlier and the circumstances leading to the instant crime, including the background leading up to the instant crime, the circumstances after the commission of the crime, the age, character and conduct of the Defendant, and the circumstances leading to the Defendant’s punishment as indicated in the instant records and arguments.