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

However, for two years from the date this judgment becomes final and conclusive.

2. The crime of phishing, such as this case, is a crime committed in a planned and systematic manner against many and unspecified persons, and thus, a large number of victims have suffered significant damage in a short period, and there is structural characteristic that is not easy to recover from damage and has a significant adverse effect on the trust relationship with respect to the entire financial system, and thus, there is a need to strictly punish the defendant.

However, it is judged that the court below's punishment imposed on the defendant is somewhat inappropriate in light of various sentencing conditions shown in the argument of this case, such as the fact that the defendant was led to the confession of the crime of this case when the defendant was in the trial, that there was no record of criminal punishment for the same crime, that there was no net profit acquired by the crime of this case, that the victim K found 5 million won in the investigative agency at the time when the defendant was arrested, that it was agreed with the victim M, and that most damage caused by the crime of this case was recovered by deposit with the victim N, and that most of the damage was recovered.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as that 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. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of fraud: Articles 347 (1) and 30 of each Criminal Act. Article 347 (Selection of Imprisonment);

(b) The point of each receipt of the means of access: Each electronic financial transaction Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and Article 30 of the Criminal Act.

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;