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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
Reasons
1. The summary of the grounds for appeal asserts that the defendants' two-year punishment of imprisonment sentenced by the court below against the defendants is too unreasonable, and the prosecutor asserts that the two-year punishment of imprisonment imposed by the court below is too uneasible and unreasonable.
2. We examine both the Defendants and the Prosecutor’s assertion of unfair sentencing.
The Defendants’ participation in the singishing crime is committed in a planned, systematic and intelligent manner by misrepresenting a financial institution or a public institution against many and unspecified persons. In addition, it is necessary to punish the Defendants even if the harm and injury caused by the crime is very high, such as undermining trust in financial institutions or public institutions, and promoting a singishing throughout the society, and thus, the role of the participants or personal gain is not significant. In particular, the Defendants cannot be deemed to be less vulnerable to the degree of their participation as those who directly phoneed a large number of unspecified individuals and taken part in the act of deceiving and deceiving the employees of financial institutions.
In addition, even though the amount of damage caused by the crime of this case in which the defendants participated is not significant, damage recovery has not yet been made, and there is no agreement with the victims.
These circumstances are recognized as disadvantageous to the Defendants.
However, the Defendants showed an attitude against the Defendants to recognize the crime of this case, not the principal offender of the crime of this case, but the benefits acquired by the Defendants compared to the amount acquired by the crime of this case, and the Defendants had no record of criminal punishment as 20 young adults, etc., and other favorable circumstances, such as the Defendants’ character and conduct, environment, family relationship, the background leading up to the crime of this case, degree and duration of participation, balance of punishment with accomplices, and circumstances after the crime, etc.