1. Defendant A’s judgment is reversed.

A defendant shall be punished by imprisonment for two years.

2. Defendant B’s judgment.

1. Summary of grounds for appeal;

A. Defendant C [the violation of the Punishment of Violences, etc. Act (joint intimidation)] did not intend to cause harm to the victim E in collaboration with Defendant A or B, and merely intervene in the situation where the act of intimidation occurred, and thus, it cannot be said that the victim was threatened jointly with other Defendants.

Nevertheless, the court below found Defendant C guilty of this part of the facts charged. The court below erred by misapprehending the legal principles as to the mistake of facts or joint intimidation, which affected the conclusion of the judgment.

The Defendant C’s act is a final acquisition of the right to dispose of the damaged sources prior to the occurrence of the crime, and constitutes an essential part of the completion of the crime of fraud, and Defendant C, knowing that the above damage amount was acquired through the crime of Bophishing fraud, shall be deemed to have been committed as a co-principal of the Bophishing fraud, in light of the structure and form of the crime. As such, Defendant C’s act should be deemed to have been committed as a co-principal of the Bophishing fraud, inasmuch as he took part while being aware that the damage amount was acquired through the crime of Bophishing fraud, it should be deemed to have been committed as a co-principal of the Bophish fraud.

Nevertheless, the court below acquitted Defendant C of this part of the facts charged on the ground that it was impossible to recognize the conspiracy relationship on the grounds that Defendant C did not play an essential role in acquiring money from the victim after the crime of Bophishing fraud was committed. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. (1) Each sentence of unfair sentencing sentenced by the lower court to the Defendants (three years of imprisonment, four years of imprisonment, and six months of imprisonment) is too excessive.