The part of the judgment of the court below against the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

evidence of seizure.

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment, confiscation) is too unreasonable.

Judgment

The crime of this case committed by the Defendant is a so-called “phishing,” and the crime of this case is organized, planned, intelligent, and intelligent, and has a serious adverse impact on society as a whole by massing a large number of unspecified victims, and the crime of this case is very poor, and the degree of the Defendant’s participation in the crime is not somewhat weak, etc. are considered unfavorable to sentencing.

On the other hand, in full view of the following circumstances: (a) the Defendant was recognized to commit a crime late, (b) the victims agree with the victims and the victims do not want to be punished; (c) the victims do not have criminal conviction in Korea; and (d) the Defendant’s age, character and conduct, circumstances, circumstances surrounding the crime, means and consequence, etc., which are conditions for sentencing, the sentence imposed by the lower court is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347-2 and 30 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;