The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant took part in the collection of 6,1640,000 won from the victims by taking part in the criminal organization of Bophishing, and the Defendant shall be punished by strict punishment in light of the social harm of the Bophishing crime.

However, the court below's punishment is somewhat significant considering the defendant's attitude to reflect in depth during the period of detention, the defendant was voluntarily surrenders to the investigative agency, the motive that the defendant started the crime of this case, the defendant did not have any history of punishment for the same kind of power or suspended execution, other character and behavior, environment, method and consequence of the crime, circumstances before and after the crime, etc. in order to punish the children who were left to the Infant Care Center after the divorce.

3. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the compensation order is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

(No appeal by a prosecutor shall be dismissed separately from the disposition of the court below, unless the appeal by the prosecutor is well-grounded, but the judgment of the court below is accepted and reversed). 【Reasons for the judgment of the court below, which is written in multiple cases, the summary of facts constituting a crime and evidence recognized by the court, are the same as the corresponding column of the judgment below

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to the fraud crime. The organized fraud (the type 1) shall be less than 100 million won.