The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

4,000,000 won shall be additionally collected from the defendant.

The defendant is deemed to have a prison term (one year of imprisonment) of the court below.

The appeal was lodged.

The defendant is able to repent in depth, and his family members want to have his wife.

The phishing crime causes a big social problem as a planned and organized crime.

After returning to Korea, the Defendant returned to China.

However, after returning to China, it is not visible to actively participate in the crime, but the whole participation period is not long.

In the judgment of the court below, it seems that the punishment is determined in consideration of these points, but the defendant has reached an agreement with some victims.

Considering that some of the agreements have been reached, the punishment of the court below shall be mitigated.

Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed and it is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 114 of the relevant Act as to the crime, Articles 347(1) of the Criminal Act (including entry and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act (a) of the Criminal Act, Article 347(1) and 30 of the same Act, Article 3(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, Article 30 of the Criminal Act, Article 30 of the Criminal Act (including the most of the acquisition of criminal proceeds), each of the choice of imprisonment with labor

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 6 (1) of the Act on Special Cases concerning Confiscation and Restoration of Property Decomposed by Additional Collection (based on calculation of the amount of additional collection: Benefits recognized by the defendant);