The prosecutor's appeal is dismissed.

1. Determination on the grounds for appeal (unfair grounds for appeal)

A. The instant crime against Defendant A and B is a situation unfavorable to the Defendants, such as: (a) the Defendants sent a loan advertisement to many unspecified persons, and collected personal information, etc. from the loan applicants who reported and contacted the advertisement; and (b) run a unregistered loan brokerage business using the false name; (c) the crime is not good in light of the method and period of the crime; (d) the amount the Defendants received as the commission according to the loan execution exceeds KRW 60 million; (e) the amount the Defendants received as the commission to avoid the control by the investigative agency; and (e) the installation address of facsimile sending the advertisement door was falsely registered.

However, in light of various sentencing conditions indicated in the records, such as the Defendants’ age, character and conduct, family relationship, means and consequence of the crime, and circumstances after the crime, the Defendants’ punishment (Defendant A: 10 months of imprisonment, 2 years of probation, 240 hours of community service, 6 months of imprisonment, 6 months of probation, 1 year of probation), and 1 year of probation) cannot be deemed unfair as it is too unreasonable.

B. The crime of this case against Defendant D is highly likely to be abused for various crimes, such as scaming and credit fraud, by purchasing a new contract for prepaid mobile phone, a copy of a foreign registration certificate, and a core chip containing personal information divulged from a person in a name-oriented or unjust manner, using this to distribute a large quantity of scamphones to many unspecified persons. The crime of this case is highly likely to be abused for various crimes, such as scaming and credit fraud.