Defendant

A Imprisonment with prison labor for two years, and for one year and ten months, respectively.

seizure.

2. The Defendants’ confession and reflect the instant crime, and the fact that there is no record of criminal punishment in the Republic of Korea is favorable.

However, as the crime of this case was planned and organized for many unspecified persons, it constitutes so-called " Bosishing," which causes a large mental and economic damage to the victims, and thus, constitutes a so-called " Bosishing," and therefore, the criminal liability is heavy. Defendant A misrepresentation of employees of the Financial Supervisory Service and directly received a total of 1,40,000 won or more. Defendant B received a total of 5,000 won or more from the victims. Defendant B received the money obtained through the above fraud from the Defendant two times and received the money directly from the victims on one occasion. The act of this case as to the fraud of this case is deemed a law and role of each of the Defendants. The degree of participation and participation in the crime of this case is considerably significant, and the damage has not been recovered up until now. The court below's assertion that there is no reason to believe that the punishment against the Defendants is too unfair, taking into account all the elements of punishment as shown in the arguments, such as the age, sex, family environment, the background and result of the crime of this case, circumstances after the crime, etc.

3. In conclusion, Defendant B’s appeal is without merit, but the Prosecutor’s appeal against the Defendants is with merit. Thus, the lower judgment is entirely reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

[Judgment] The summary of facts constituting an offense and evidence recognized by the court is different from the judgment of the court below.