All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. In relation to the part on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization Act, etc.) among the facts charged in the instant case, the evidence submitted by the prosecutor reveals that the Defendant conspired with E, etc. to store malicious programs and transmit data to the victims’ cell phones.

Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous in the misapprehension of facts.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. On February 12, 2017, at around 17:50, the Defendant conspireds with E, etc. in order, leading the victim G to a defect in video conversations, as described in paragraph (1) of the crime of the lower judgment, on the Chinese roadside, etc., the summary of this part of the facts charged was as follows: (a) the Defendant induced the victim G to a defect in video conversations through a smartphone app; and (b) the said victim installed a file with the function of taking away and transmitting the contact information, text messages, and account-related information.

Defendant, E, etc., along with this, from February 10, 2017 to February 21, 2017, stored malicious programs and transmitted data on the victim’s mobile phone as shown in attached Table 1 of the lower judgment from around February 10, 2017 to February 21, 2017, and distributed malicious programs that may intrude into an information and communications network without legitimate authority to change programs, etc. or interfere with its operation.

2) 원심의 판단 원심은 이 사건 기록에 의하여 나타나는 다음과 같은 사정, 즉 ① 피고인은 E, D 등이 총책으로 있는 ‘ 몸 캠 피 싱’ 조직의 국내 인출 책에 불과 한 점, ② 피고인은 피해금액이 입금될 때마다 위 챗 메신저 채팅을 통해 E, D 등의 지시를 받고 은행에 가 돈을 출금하고...