The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the Defendant was involved in the so-called phishing crime, and the quality of the crime is not very good, and the amount of damage is considerable, but no damage recovery or agreement has been reached, strict punishment against the Defendant is required.

However, considering the fact that the defendant's mistake is divided by the defendant, that the victim C wants to take the defendant's preference against the defendant, the degree of the defendant's participation, the balance of sentencing with other accomplices, the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged again after pleading as follows. Since the defendant's application for compensation is reasonable, it is ordered to order the applicant to pay the compensation amount of KRW 14,030,000 to the defendant. It is so decided as per Disposition.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;