A shall reverse the remainder of the judgment of the court below, excluding the application for compensation order.

Defendant .

2. Determination

A. The crime of this case against Defendant A is a so-called “wishing” criminal act of taking money from victims and taking money from the victims, and is highly harmful to society. Defendant A first proposed to commit a wishing crime to Defendant B, raised the passbook to be used for committing the crime, and operated two wishing organizations, etc., with significant degree of participation.

However, in full view of the following factors: (a) the Defendant made efforts to repay damage by making an agreement with 38 victims, (b) the rest of 2 victims (AP and Q), and (c) deposit some of the money, etc.; (c) the Defendant’s occupation, age, character and conduct, family relation, circumstances leading to the Defendant’s crime, and circumstances after the commission of the crime, and criminal record relations, the sentencing of the lower court is deemed to be heavy.

B. There are circumstances such as Defendant B’s confessions and reflects that Defendant B made a judgment on the instant crime, and there are circumstances that may be considered in light of the circumstances leading up to Defendant B’s commencement of the instant crime.

However, the crime of this case was committed by deception to an unspecified number of victims, and it was a so-called "walphishing" criminal act by taking money from victims, and it is highly harmful to society, such as the case where Defendant A and the case where Defendant A independently operate a scaming organization after the shoulderion, and the nature of the crime is not less weak, and the damage has not been repaid, and all of the sentencing conditions in this case are considered comprehensively, such as the defendant's occupation, age, character and behavior, family relationship, circumstances after the crime, and criminal record relation.