A defendant shall be punished by imprisonment for a term of one year and three months.

Seized evidence No. 1 shall be confiscated.

2. It is recognized that the defendant involved in the phishing crime in cash collection, the amount of damage is large, and considerable damage has not been recovered.

However, in full view of various circumstances, such as the confession and reflection of the defendant, the defendant paid 5 million won to the victimO at the court below, the defendant agreed to pay 5 million won to the victim L at the court below, the first offender, etc., and the sentencing conditions specified in the records and arguments in this case, the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment (the point of fraud), Articles 231 and 30 (the point of fraud) of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of the pertinent investigation document) and the choice of imprisonment, respectively;

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

1. Article 48 (1) of the Criminal Act to be confiscated;