All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

1. Summary of grounds for appeal;

A. Defendant A and the Prosecutor (unfair sentencing) Defendant A’s punishment (a prison term of four months, imprisonment of one year, and confiscation) is too unreasonable.

2) The above sentence against Defendant A of the lower court by the Prosecutor is too unhued and unreasonable.

B. Defendant B (1) The Defendant is a victim of assault, intimidation, or confinement by Defendant A, etc., and there was no conspiracy with Defendant A, etc. to commit the crime of transfer of a deceptive and access medium.

Nevertheless, the judgment of the court below convicting each of the above facts charged is erroneous as a matter of law.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination as to Defendant B’s assertion of mistake of facts 1) The Defendants, from January 2016 to April 1, 2016, put a false advertisement on Defendant C and Defendant B’s each ID of the instant broadcast, and conspired to use the money for living expenses by receiving money from the victims to the account in the name of Defendant B.

Defendant

A around February 10, 2016, on the part of Defendant D, written a false advertisement with Defendant D to sell smartphones to the above “O”, and written a false advertisement with Defendant C’s “H” in the French land located in Bupyeong-gu, Bupyeong-gu, Incheon, with the ID of Defendant C’s “H” and connected to the above “h” with the ID, and sold two gallons”, and written a false advertisement to the victim I who reported the purchase intent and expressed the purchase intention, and “I will deliver 22 gallon jum jum jum jum jum jum jum jum jum” as Defendant C’s mobile phone.

However, in fact, even if the defendants did not have the above gallon 2 smartphone, they did not have the intent or ability to send the above gallon to the victims even if they received the price of the goods.

The Defendants, on February 10, 2016, shall be the Nonghyup Bank in Defendant B’s name from the injured party.