The prosecutor's appeal is dismissed.

The gist of the reasons for appeal by the prosecutor is that the punishment of this case is unfair because it is too unreasonable to impose the punishment of 3 years of suspended sentence and 120 hours of community service work, considering the following factors: (a) the crime of this case is inferior to its nature; (b) the degree of participation by the defendant is not less than 10 million won; and (c) the amount of fraud is less than 60 million won.

In light of the circumstances such as ① the so-called singishing crime through which a large number of victims in which the crime of fraud in this case was systematically imminent, and the nature of the crime is very poor, ② the defendant can be viewed as a simple person in charge of taking over the means of electronic financial transactions and taking charge of withdrawing and remitting money using the means of access in accordance with the instructions of the accomplices in the crime in this case. However, unless there is a person performing the same role as the defendant, the crime of singishing cannot be completed, and in reality, it is difficult to clarify the organization of singishing crime that is not revealed externally, it is necessary to strictly punish the defendant with the same simple person as the defendant as the above means to prevent the above crime. ③ The amount of the acquired money in this case reaches 60 million won.

(1) However, there is a confession and reflect that the defendant is committing the crime, ② the defendant is the first offender and the first half of the second half of the year, ③ the family members of the defendant are leading, ④ the profits acquired by the defendant seems not to be significant, ⑤ the defendant has agreed with the P of the victim in this case, ⑤ the damage of KRW 1 million for the victim N, KRW 20 million for the victim S, KRW 5 million for the victim Q Q, KRW 3250,000 for the victim'sO, and KRW 3250,000 for the victim's O, respectively, and the damage has been repaid in sum, 6) the defendant's age, character and conduct, intelligence and environment, and relationship with the victim, and the relationship with the victim.