The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

seizure.

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: one year and six months of imprisonment and three years of probation, probation, community service order 200 hours, Defendant B: three years of imprisonment) of the lower court is too uneased and unreasonable.

2. Determination

A. The so-called Bosing fraud crime, such as the instant case, in which Defendant B and the Prosecutor participated in Defendant B’s appeal against Defendant B, is committed systematically and systematically, and the socioeconomic harm resulting therefrom is very serious, and thus, it is necessary to punish it strictly.

Defendant

In light of the fact that multiple victims have occurred due to the instant crime in B, and the total amount of damage exceeds KRW 130 million, Defendant B’s liability cannot be deemed to be less than that of Defendant B.

Defendant

B transferred the means of access in addition to the above fraud crime.

However, Defendant B recognized all the crimes of this case and reflected, and there is no benefit directly acquired from the crime of this case.

Defendant

B For the first time, the victim paid part of the amount of damage to AD and the victim did not want the punishment of the defendant B by agreement.

Defendant

B There is no record of being punished for fraud of the same kind as the instant case.

In addition, in full view of the following factors: Defendant B’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable as it is unreasonable.

B. Defendant A of the Prosecutor’s appeal against Defendant A also participated in the crime of Bophishing fraud that causes a large number of victims, and that the total amount of damage incurred by Defendant A’s participation exceeds KRW 120 million constitutes an element of sentencing unfavorable to Defendant A.

In addition to these circumstances, the lower court, together with the purpose of obtaining a loan by Defendant A.