The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B. The prosecutor on the defendant C is not guilty.

1. Summary of grounds for appeal;

A. To obtain a loan, Defendant B believed the statement of a person without a name, who must have a transaction performance through the Defendant’s account, and distributed the money remitted to the Defendant’s account. Defendant B did not have awareness and intent to help the Defendant commit the phishing fraud.

B. The prosecutor’s sentence of the lower court (Defendant B: one year and two months of imprisonment, two years of probation, two hundred hours of community service order, Defendant C: imprisonment with prison labor for eight months, two years of probation, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable.

2. Judgment on Defendant B’s assertion

A. The summary of the facts charged is that an unspecified number of victims can misrepresent themselves to the staff of the D Bank and obtain a loan.

In other words, the victims had the victims transfer the money to the account under the name of the Defendants, and had the Defendants withdraw the money and deliver it to them.

(1) On June 4, 2015, a person who was unable to name the victim M in a crime committed against a person who was not killed in the name of the victim was misrepresented with the purport that the victim M in a place where it cannot be known, misrepresenting the victim M in the phone and misrepresenting the victim M in the phone, and “a transfer of the existing loan to the account designated within the country as a compulsory bond repayment” was false.

A person in unsound name shall, as such, deceive the victim M and cause the victim M to do so on the same day, in the H bank account (I) in the name of the defendant A to eight million won, and in the same month;

9. On the 11st of the same month, Defendant B transferred KRW 20,1950,000 to the N Bank Account (O) in Defendant B’s name, and KRW 49.7 million to the N Bank Account (P) in Defendant C’s name.

(2) On June 4, 2015, the name influor of the crime committed against Q Q by the influorous victim in name, assumes the victim Q Q Q by telephone at a place where it is not known to him/her around June 4, 2015, and, in order to obtain a loan of a maximum of KRW 28 million, the loan should be obtained from another financial institution and designated by him/her.