The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 1 through 17, No. 19, and No. 19.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime of this case is deemed to be a so-called phishing crime, which is not good to the quality of the crime, as it is organized, planned, and intelligent. The crime of this case is serious to a serious crime with a structure of massing a large number of victims, and the defendant's act of withdrawing from the crime of this case is indispensable to achieve the purpose of the crime of this case and the degree of participation is not somewhat weak. In light of the above, it is inevitable to sentence sentence of the defendant to the defendant.

However, in full view of the various circumstances, including the fact that the defendant led to the crime of this case and is against the defendant, that the defendant compensates for part of the damage, that the defendant agreed with five victims, that the defendant has no record of criminal punishment in the Republic of Korea, and that there is no record of criminal punishment in the Republic of Korea, it is deemed that the sentence imposed by the court below is unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 48 (1) of the Criminal Act of confiscation;