A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

A. The sentence of the lower court (the first instance judgment, the second instance judgment: imprisonment with prison labor for a period of one year, and the second instance judgment: imprisonment with prison labor for a year, two years of suspended execution, eight hours of community service order, confiscation) is too unreasonable.

(b)the 2nd sentence of the Prosecutor’s 2nd sentence is too unhued and unreasonable;

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and the court of second instance decided to jointly examine the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is reversed in entirety, and it is again decided as follows.

【The reason for the judgment in another way】 The criminal organization of the real telephone financing fraud (hereinafter referred to as the “Sphishing”) consists of a group of unspecified persons using smartphone phils, etc. to use the following: (a) the so-called total amount of money planned and instructed by the victims to commit the crime by directly receiving cash from the victims or by letting them transfer the account; (b) the inducement of the victims to deliver cash by posting the phone; (c) the delivery of the money collected from the victims by receiving the cash from the victims; and (d) the collection or withdrawal of cash from the victims; and (c) the organization consisting of a group of organizations using smartphone phils, etc. to avoid the tracking of the investigation agency.

The Defendant around July 24, 2019.