Of the judgment of the court of first instance, the part on Defendant B and the judgment of the court of second instance shall be reversed respectively.

Defendant

B 3 years of imprisonment.

1. The summary of the grounds for appeal: The punishment of the lower court (five years of imprisonment; Defendant B; three years and six months of imprisonment of the first instance court; Defendant C; three years and six months of imprisonment of the second instance court; and Defendant C: imprisonment of the second instance court) is too heavy.

2. Determination

A. We examine ex officio the judgment on the grounds for appeal as to Defendant B prior to the judgment on the above grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance have been sentenced to each of the above two appeals cases, and the court of second instance has decided to jointly examine the above two appeals cases. Since the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses against the defendant should be sentenced in accordance with Article 38(1) of the Criminal Act, so the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

B. Defendant A and C’s each crime of this case committed by the Defendants on the grounds of an unreasonable sentencing argument. Each of the crimes of this case committed by the Defendants on the grounds of an ad hoc action plan is the acquisition of money from many financial institutions, mobile operators, and commercial operators over a considerable period of time through multiple and intelligent methods, by inducing them to hear the names of the know-how who are economically lacking (tentatively referred to as “water”), using the names of the know-hows, thereby preparing for the crime of fraud, such as the registration of credit card issuers, the registration of cellphones, etc.

The Defendants shared the role of inducing the elderly, the role of investigating the credit rating of the elderly, and the role of receiving loans in the name of the elderly, and committed the crime systematically and repeatedly.

As a result, victims not only have suffered enormous economic loss but also have been placed in a place where they can not properly lead a normal economic life due to bad credit holders, and mobile phones opened in the name of elderly people.