The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B.

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A and B (Defendant A: imprisonment of three years, confiscation, and Defendant B: imprisonment of one year and two months) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (as stated in the above paragraph A, Defendant C, D, E, and F as stated in each of the above paragraphs (2 years of probation, probation, and community service order 200 hours in each of the years of imprisonment) is too unfasible and unreasonable.

2. Determination

A. Under the common circumstances with respect to the Defendants, each of the instant crimes committed against the Defendants requires strict punishment in light of the following: (a) the Defendants prepared and prepared to commit the crime in advance; (b) sent loan inducement text messages by sharing their roles; and (c) misrepresentation of money by misrepresentation from the victims who reported and contacted them by misrepresentation of the financial staff from the bank; and (d) the method of crime is planned, organized and intelligent; and (e) the social harm of the telephone fraud crime is enormous and there is a need for judicial action against it.

However, it seems that the defendants known to the friendship and the post-scam between the defendant A and did not reach a professional and systematic criminal organization composed of the organization for the crime of Boscam only by viewing that they gathered each of the crimes of this case at the defendant A's proposal. It seems that the method of crime of this case is not yet advanced, such as by acquiring personal information such as the method and telephone number (so-called DB), and by using the bank account in another person's name as the place of crime, and utilizing the residence of the defendant A as the place of crime. Although each of the crimes of this case is not very good, the victim's number is not more than 20,000, and it does not seem that the victim's number would cause a large amount of social suffering. The total amount of money acquired by each individual victim is not more than KRW 37150,000,000,000, as a organized telephone fraud.