All appeals by the Defendants are dismissed.

The order for compensation of the original judgment shall be amended as follows:

1. The decision of the court below on the summary of the grounds for appeal (one year and six months for each imprisonment, confiscation, and return of victims) is too unreasonable;

2. As to the grounds for appeal, the Defendants have the following disadvantageous circumstances.

The so-called phishing crime, such as the instant crime, committed by the Defendants, is a crime that assumes the entire nation of the Republic of Korea as a target of the crime, assumes the false representation of various State agencies and financial institutions, or makes a non-discriminatory and low-discriminatory act by taking advantage of anxiety on the safety of the victims’ family members, and is extremely poor

This crime is operated as an organization of main offenders residing in a foreign country and it is extremely difficult for them to arrest in an investigative agency, and even though it becomes a big social problem, there is a high need for general prevention through strict punishment as the crime is more extreme.

Moreover, there is an unreasonable and unfair situation, such as punishing a civil dispute between those who provided means of payment such as passbook and those who acquired money and those who acquired money, without revealing the main offenders who actually acquired profits from the phishing crime.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

Furthermore, the total amount of damage caused by the instant crime by the Defendants exceeds KRW 93 million, and there is also a person who acquired a large amount of KRW 53 million among the victims.

Nevertheless, most damages have not been recovered.

In addition, various sentencing conditions shown in the argument of the instant case, such as the background of the instant crime, the Defendants’ age, sexual conduct, environment, and circumstances after the instant crime, and the scope of the recommended sentencing guidelines of the Sentencing Committee (two years and six months to four years).