A defendant shall be punished by imprisonment for four years.

A. In light of the fact that the case was significant and has not been recovered in light of the period of crime, the degree of participation, the status within the organization, the degree of awareness of the crime, the amount of fraud, and the need for strict punishment for the scaming crime, etc. by the public prosecutor, the punishment of the lower court (three years and six months of imprisonment) is too uneased and unfair.

B. The sentence of the court below is too unfair in light of the following: the defendant is against the defendant, and the defendant voluntarily escaped from the singishing organization for several years, was suffering from mental pain while living in flight for several years, was voluntarily cooperated in the investigation by the investigation agency by voluntarily surrenders in China, and there was no record of criminal punishment for the sentence.

2. There are favorable circumstances, such as the defendant's attitude to reflect on the assertion of unfair sentencing by the prosecutor and the defendant, and the fact that the defendant voluntarily enters Korea after the escape life in China and voluntarily entered Korea.

However, in light of the role and status of the Defendant in the instant license organization, the period and method of the commission of the crime, the number of victims, and the total amount of damage, the responsibility for the crime is very heavy.

The damage has not been properly recovered, and the social harm caused by the Bophishing fraud is very large.

In light of the fact that the defendant escape at the time of the initial investigation of this case, it is difficult for other accomplices to evaluate the same as other accomplices, and taking into account the character, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, criminal records, etc., the punishment of the court below is too une

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed except for the dismissal of prosecution pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is

Although the appeal by the defendant is groundless, the judgment of the court below shall be accepted.