The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 9 shall be confiscated.

1. The summary of the grounds for appeal is too heavy;

2. The crime of phishing, such as this case, is a crime committed in a planned and systematic manner against many and unspecified persons, and thus, a large number of victims have suffered significant damage in a short period, and there is structural characteristic that is not easy to recover from damage and has a significant adverse effect on the trust relationship with respect to the entire financial system, and thus, there is a need to strictly punish the defendant.

However, in full view of various sentencing conditions shown in the argument of this case, the sentence imposed by the court below is somewhat inappropriate, considering the following: (a) the defendant led to the crime of this case; (b) the defendant is the first offender who has no record of criminal punishment; and (c) the amount transferred by the defendant is relatively large; and (d) the net profit acquired by the crime of this case does not appear to

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Fraud by using computers, etc.: Articles 347-2 and 30 (Selection of Imprisonment) of each Criminal Act;

(b) The point of acquiring each electronic medium: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act.

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes concerning Fraud by Use of Computer, etc. against Victims D with the most severe punishment and punishment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;