A defendant shall be punished by imprisonment for not less than eight months.

2. In light of the fact that social harm caused by the crime of Bophishing is serious, and that the role of the defendant is essential in the process of completing the crime of Bophishing, it is necessary to strictly punish the defendant. The victim of the crime of this case amounts to three persons, and the amount of damage exceeds KRW 70 million, and the victims' damage seems to have not been actually recovered, and the victims' damage seems to have been actually not recovered, and since the defendant was involved in the same crime several times around the time when the crime of this case was committed, it seems that he could have sufficiently been aware that he was involved in the tort.

On the other hand, there is a favorable circumstance that the defendant reflects the defendant's wrong and agreed with one victim at the investigation stage, and all victims do not want punishment against the defendant at the trial stage by mutual agreement with the remaining two victims. The defendant did not have any record of criminal punishment at the time of the crime of this case, the crime of fraud which became final and conclusive and the latter part of Article 37 of the Criminal Act are concurrent crimes, the defendant's age is lower and the defendant's family is leading and protecting the defendant's family.

In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;