All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendants (one and half years of imprisonment for each of the defendants, and the defendant A and B are sentenced to confiscation) is too unreasonable.

Judgment

In light of the fact that the Defendants both recognize and reflects the crimes when they were in the trial, the arrest of the Defendants and the damage was not realized, Defendant A and B did not have any criminal record in Korea, and the Defendants appear to have committed the instant crime under the economic difficult circumstances, and there are family members to support, etc., which are favorable to the sentencing of the Defendants.

However, as stated in the reasons for sentencing of the lower court, the singishing crime is an organized, planned intelligence, and a serious harmful effect on society.

Since each act in which the Defendants participated is essential to complete the Bophishing crime, in light of the nature of such crime and current investigation conditions, it is necessary to strictly punish not only the total liability, but also the subordinate act such as simple cash withdrawal and delivery measures. In this case, the amount of damage exceeds KRW 50 million and the nature of the crime is not good in light of the several methods of deceiving the victims.

On the other hand, when considering the fact that the court below set the punishment against the Defendants within the scope of the recommended sentencing guidelines and other various circumstances, such as the defendants' age, environment, background, means and consequence of the crime, the circumstances after the crime, etc., it cannot be said that the court below's each sentence imposed on the defendants is too unreasonable.

Thus, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals are without merit.