2. The instant crime is an organized and planned phishing fraud that obtains money from victims in a systematic and planned manner and requires a strict punishment for the persons who have participated in the instant crime due to serious personal and social harm. The Defendant’s delivery books and the phishings play an essential role in the realization of the phishing crime. As such, the degree of the Defendant’s participation in the instant crime is somewhat weak.

It can not be seen that the amount of damage to the crime of this case exceeds 50 million won, and the fact that the victims did not recover from the damage is disadvantageous.

However, it is favorable for the defendant to recognize all of the crimes of this case and reflects the mistake, and the profit acquired by the defendant does not reach the amount of fraud, and the defendant has no record of criminal punishment in Korea.

In addition, comprehensively taking account of the fact that there are no special circumstances that the original judgment and the punishment are different from the sentencing conditions indicated in the records and theories of this case, such as the Defendant’s age, sex, environment, background, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair merely because it is too unfeasible.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.