The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment and six years) imposed by the court below on the defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant has no criminal record, and Defendant is faithfully cooperating with the investigation of accomplices while maintaining an exemplary living attitude after being detained.

However, the scam crime in which the defendant participated is a crime that causes damage to the victims actually difficult to recover because it was conducted in a planned and organized manner against many unspecified victims, and has a great social harm.

The Defendant, along with the “O” which manages the Bospherishing cash book in China, recruited a gold book, instructed the gold book to obtain the money by fraud, and actively aided the activities of the Bospherishing criminal organization by identifying the location of the gold book or counselor when he/she deserts.

Considering the fact that the proceeds derived from the crime of Bosing can not be ultimately attributed to the criminal organization without the activities of collecting the money from the victims, the criminal liability of the defendant who recruited and managed the money as above is considered not to be the criminal liability of the principal offender.

As above, the period during which the defendant was living in China and engaged in the crime with the "O" is up to one year and nine months, and the profits accrued therefrom seems to be considerable.

[Attachment to the Defendant, the BF, who was engaged in the solicitation and management of collection books for so-called “CB” or “CC, stated that the Defendant’s proceeds exceed KRW 100 million (see, e.g., Supreme Court Decision 13Do288, supra).