The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant is waiting to commit the instant crime, and that the defendant has no record of criminal punishment exceeding the fine, etc.

However, as in the instant case, the so-called Bophishing crime, like the Defendant, is a crime against many and unspecified persons, and needs to strictly punish the Defendant with severe social impulses. The degree of the Defendant’s participation in the instant Bophishing crime is not less than that of the victim, and there is no evidence to deem that the Defendant made an endeavor to recover from the victims’ damage, and there is no other unfavorable circumstances against the Defendant, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court on the instant crime,

(a) Aggravation types 2 (not less than KRW 100, but less than KRW 500,00): Where a person commits a crime for an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period of time, as a result of summing up the types of frauds (not less than KRW 100,000).

(b) A violation of the Electronic Financial Transactions Act: The sentencing criteria are not set;

C. Scope of modified recommendation: The sentence of the court below is too unreasonable, taking account of the following factors: at least two years and eight months (at least a lower limit of the sentencing criteria for each crime of fraud for which sentencing guidelines are set and each electronic financial transaction act for which sentencing guidelines are not set is concurrent).

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.