A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The so-called “Singing” criminal organization, in which the Defendant joined and acted, is an organization that allows a large number of people to share their roles in order to prevent organized fraud against unspecified victims and plans and implements the crime closely in advance.

The crime of Bophishing fraud is very disadvantageous in that the occurrence of damage is non-discriminatory, and the occurrence of multiple crimes related to it also causes a number of crimes.

The defendant left China and participated in the above organization and performed the role of the counselor of the call center, which is a key role in directly deceiving the victim, so the responsibility cannot be deemed to be weak.

The amount of defraudation by the accused through the criminal act committed during the participation period is about KRW 95 million, and almost all damages have not been recovered.

On the other hand, although the social harm of the Bosing criminal act is very high and it is necessary to actively cope with it, the limitation of liability is still valid, so it is inevitable to take into account the details of specific participation or activities, the contents of the criminal act in question, the profits gained therefrom, the equity of punishment with other accomplices or higher participants, etc. In addition, the Defendant performed the core role of the Bosing criminal act, but the location of the organization is merely a subordinate member.

The period in which the defendant joined and joined is about three months shall not exceed the degree of his participation, in light of the total size of the crime organization of this case and the period of the crime.

There is no evidence suggesting that there is a large amount of profit gained by the Defendant by participating in the instant crime.

In addition, the Defendant did not have any criminal power before committing the instant crime.