The judgment below

The part of the case of the defendant is reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, and one year.

Summary of Reasons for appeal

A. The Defendants’ sentence (Defendant A: Imprisonment with prison labor for two years, confiscation, Defendant B’s imprisonment for one year and six months, and confiscation) is unreasonable.

B. In light of the nature of the crime committed by the prosecutor in this case, the lower court’s punishment is deemed as unfilled and unfair.

2. The Defendants took part in the crime by collecting and conveying the phishing crime.

The phishing crime consists of a systematic and planned crime against many unspecified victims, and its social harm is serious, so it is inevitable to impose severe punishment.

However, the Defendants fully recognized the instant crime. In the case of Defendant B, the victim C shall be paid KRW 7 million to the victim AS, KRW 6 million to the victim B, and KRW 8 million to the victim B, and the victims shall not be punished by the above victims. Defendant B shall not be punished by the same kind of crime before the instant crime was committed, or there is no punishment exceeding the fine. In addition, taking into account the circumstances of the instant crime, damage amount, the Defendants’ age, sexual conduct, environment, circumstances after the instant crime, etc., the lower court’s punishment is heavy.

The decision is judged.

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of evidence in the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 225 and 30 of each Criminal Act (the point of Article 30 of the official document), Articles 229, 225, and 30 of each Criminal Act (the point of uttering of forged official document), Articles 347(1) and 30 of each Criminal Act (the point of uttering of forged official document), and the Act on Regulation and Punishment of Concealment of Criminal Proceeds (the point of fraud).