All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower judgment against the Defendants (the Defendant A: imprisonment with prison labor for one year and two months, and additional collection for Defendant B; imprisonment with prison labor for one year and four months, and additional collection) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We also examine the Defendants and the Prosecutor’s respective arguments on unfair sentencing.

A. Unfavorable normal crime of this case is a case in which the Defendants joined a crime organization of telephone financial fraud (hereinafter “phishing”) and misrepresented the employees of a financial institution and acquired money from the victims. It is very poor that the Defendants committed the crime of this case in a systematic and planned manner against many unspecified victims according to their roles sharing.

Since the crime of Bosing is likely to cause property damage to the victims at the same time, the harm from the personal level is considerable, as well as the social and economic harm is very serious, such as the destruction of trust among the members of the society and the disbursement of a large amount of social costs.

In this case, the sum of the acquired money by the defendant A is KRW 2,362,00,00, and the sum of the acquired money by the defendant B exceeds KRW 6,184,00,00, and the size of the acquired money is reasonable.

The role of the Defendants at the Bosing Criminal Organization was not only the incidental level, such as the withdrawal of the money by fraud or the transportation, but also the “counseling” which directly phoneed to the victims and carried out the deception.

The Defendants continued to commit crimes even though they have clearly known that their own will take place after their arrival in China for the purpose of punishing money by their introduction, would act as a member of the organization of the Bosing Criminal.

Defendant

As alleged in B, the accomplice B is somewhat likely to take part in the crime.