All appeals filed by prosecutors and Defendant D are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (for Defendant A, 2 years of imprisonment, 3 years of probation, 200 hours of community service, 2 years of probation, 3 years of probation, 3 years of probation, probation, 160 hours of probation, 160 hours of probation, 2 years of probation, 10 months of probation, 120 hours of probation, 120 hours of probation, 6 months of probation, 3 million won of fine: Defendant E) is too unreasonable.

B. Defendant D’s punishment is too unreasonable.

2. Determination

A. Defendants A, B, and B committed a crime joining the Fmp, which is a criminal organization. The criminal organization is highly dangerous due to its violent and collective nature, which can easily commit a crime based on the organization’s status, and may directly or indirectly harm the peace and safety of society, such as causing a decent damage or apprehensions, etc. Therefore, it is strictly punished. Defendants A and B conspired with the victim to induce the victim BD and then obtain pecuniary benefits from the victim’s cell phone, etc., and did not pay the user fee, thereby obtaining a small amount of money by using the core chip of the mobile phone acquired as above. The total amount of damage caused by each of the crimes reaches approximately KRW 3,300,000 (the total amount of damage caused by each crime is about KRW 2,300,000,000,000,000 won, and about KRW 1,000,000,000,000).

Defendant

A, by deceiving the victim AO, has acquired two mobile phones of the total amount of KRW 2,550,000 from the market price.

Defendant

A On December 2, 2016, after being sentenced to a suspended sentence of one year for fraud, special injury, etc. at the Jeonju District Court, each of the crimes in this case shall be committed during the suspended sentence.