All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the various circumstances of the Defendants, the sentence imposed by the lower court (Defendant A: imprisonment with prison labor for one year and six months and confiscation, Defendant B: imprisonment with prison labor for one year and six months) is too unreasonable.

B. In light of the various circumstances of the inspection (unfair form of punishment), the sentence of the lower court is too unhued and unreasonable.

2. It is recognized that the Defendants did not have the same domestic criminal power, there are family members to support each person, and there were no direct profits of the Defendants from crimes.

However, in the instant case, even if the Defendants were to keep the means of access used in the so-called Bophishing crime and were to withdraw and transfer the amount of damage, and the period of participation in the Defendants did not reach the period of participation in the commission of fraud and did not exceed the number or amount of the commission of fraud, the degree of the Defendants’ participation in the entire Bophishing organization’s withdrawal measures and remittance measures cannot be deemed as minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

Although the amount of damage prosecuted was not small, most of the damage was not recovered to the trial, and Defendant B appears to have reached an agreement with some fraudulent victims since it was in the trial. However, considering the size of damage amount exceeding the amount of KRW 00 million remitted to China as a remittance book, it cannot be viewed as a significant change in circumstances.

As in the instant case, the phrase “institutional fraud (amount less than KRW 100,000)” that committed a systematic and professional crime after a large number of persons play a role in advance and planned in advance is determined to be sentenced to imprisonment with prison labor for a minimum of one year and six months, and may be deemed to have an aggravated element of punishment in cases where the basic area of sentencing is set to be three years with prison labor for an unspecified or large number of victims.