All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

Defendant reflects the instant crime.

The crime of this case did not cause any damage to the attempted crime of this case.

There is no criminal punishment against the defendant in the Republic of Korea.

On the other hand, the following is disadvantageous.

The defendant's role as the withdrawal of a licensing organization is essential and determined in the completion of the entire crime, and therefore, the criminal liability is not weak.

The so-called Bophishing crime, such as the crime of this case, committed by the defendant, is virtually a crime subject to the entire nation of the Republic of Korea, and is a crime leading to misrepresentation of various state agencies and financial institutions, or a crime resulting in a discriminatory-discrimination by taking advantage of uneasiness in the victim's family members

This crime is very difficult to arrest the main offender in the investigative agency because the main offender resides or is operated as an occupation organization in a foreign country, and is a big social problem, but there is a high need for general prevention through strict punishment as the crime is more extreme.

Moreover, there is an unreasonable and unfair situation such as punishing a civil dispute between those who provided means of payment such as passbook and those who acquired money and those who acquired money without revealing the principal offenders who actually acquired profits through the singing crime.

In light of this point, it is necessary to strictly punish criminals who participated in the Bophishing crime even though their roles are merely simple participation and they do not have an individual benefit.

In addition, the circumstances of the crime of this case, circumstances after the crime, and the defendant.