The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Defendant

A Evidence of seizure from A 1.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of imprisonment for each of the two years) so far as the Defendants were so unreasonable, and the prosecutor appealed from the lower court’s punishment as it is too unfasible and unfair.

2. The fact that many victims of fraud are victims is disadvantageous to the Defendants.

However, there is no domestic criminal history against the Defendants, and the Defendants deposited total of KRW 15,939,00 for the victims whose address, etc. was confirmed among the victims of the crime of fraud, and the Defendants recognized and reflected all their mistakes, and taking into account other circumstances mentioned in the arguments of this case, such as the Defendants’ age, sex, environment, motive and consequence of the crime, mode of participation in the crime, circumstances after the crime, etc., the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is reasonable.

3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the respective Criminal Code for criminal facts (the point of fraud) and Article 49(4)2 and Article 6(3)2 of the respective Electronic Financial Transactions Act (the point of storage of access media)

1. Articles 40 and 50 of the Criminal Act of the Trade Union (the Defendants)

1. Selection of punishment (the Defendants)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 48(1)1 of the Criminal Act (the Defendants)