The part against the defendant shall be reversed.

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

Seized No. 1.

2. The judgment of the court below is a crime that causes serious economic damage to many and unspecified people, and it is necessary to strictly punish the defendant. Although the defendant could sufficiently be aware of the fact that the high-amount Internet search by the 20th early young people is sufficient to intervene in illegal nature, the defendant committed the crime to China. In particular, the defendant recruited call call for call center, which constitutes a physical foundation for the crime of Bophishing, which is disadvantageous to the defendant.

However, in light of the following: (a) the Defendant has seriously reflected in the crime; and (b) has faithfully cooperated with the investigation agency’s investigation by providing the maximum information on accomplices; and (c) has paid out some damages at the lower court and agreed with the victims; and (d) has recovered the actual damages by additionally repaying KRW 5.7 million to the victims during the trial, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 48(1)1 of the Criminal Act is to be determined as ordered by taking full account of the circumstances as seen earlier prior to the reasons for sentencing.