The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

No evidence Nos. 1 through 13 from the defendant.

1. In light of the following: (a) the summary of the grounds for appeal is against the depth of the Defendant; (b) actively cooperated in the investigation; and (c) it is practically difficult to reach an agreement with the victims because it is difficult to identify the victims’ personal information, etc., the sentence imposed by the lower court (two and half years of imprisonment) is too unreasonable.

2. The Defendant: (a) kept the access media under another’s name through which money can be deposited and then withdrawn money obtained through the use of the media and wired the money to a third party; and (b) performed an important role in the phishing crime by transferring it to the third party according to the instructions of the total liability.

The crimes of Bosing are committed on an organized and planned basis for many unspecified victims, and there is a great need for severe punishment in society by massing a large number of victims.

The period of the defendant's activity as a phishing criminal organization is not shorter than about three months, and there are many profits from each of the crimes in this case.

However, among the victims of the instant fraud, AH, AJ, C, and Z expressed their intention not to have the Defendant want to be punished in the first instance.

In addition, in full view of all the sentencing conditions in the records and arguments of this case including the age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below against the defendant is judged to be unfair due to the absence of the sentence of the defendant.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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