Defendant

All A’s appeal and prosecutor’s appeal are dismissed.

1. Summary of grounds for appeal;

A. When considering Defendant A’s various circumstances, the sentence of imprisonment (two years of imprisonment and confiscation) of the lower court is too unreasonable.

B. In light of various circumstances, the lower court’s sentence (for Defendant A, 2 years of imprisonment and confiscation, Defendant B; area 1 year and June, and confiscation) is too uneased and unreasonable.

2. We also examine the grounds for appeal on unfair sentencing by Defendant A and the prosecutor.

Defendants are domestic first offenders.

Defendant

A is recognized that some damage amount was deposited by the Defendants, and that the profits the Defendants directly acquired are relatively little.

However, the crime of this case is one of the cases in which the Defendants kept the means of access used in the so-called phishing crime and withdrawn the amount of damage. Even if the period of each participation does not exceed the period and the number or amount of the fraudulent act is not much, the degree of the Defendants’ participation as a whole as a withdrawal of the entire phishing organization cannot be deemed to be minor.

In particular, the circumstance that Defendant A entered the Republic of Korea for the purpose of crime and participated in Defendant B is recognized.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

As in the instant case, the phrase “stegic fraud (the amount less than 100 million won)” that committed organized and professional crimes after a large number of people shared their roles in advance and planned them in advance is determined to be sentenced to imprisonment with prison labor for a minimum of one year and six months, and may be deemed to have an aggravated element of punishment in cases where the basic area of the sentencing guidelines is set to be three years with prison labor for an unspecified or large number of victims. In this case, a majority of the crimes of the same kind and different types of crimes (violation of Electronic Financial Transaction Act) in the relationship

In addition, the motive of the instant crime, etc.