The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 shall be confiscated.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (three years of imprisonment, confiscation) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the defendant, taking part in the phishing crime as a cash collection book, and 130 million won in total from the victims, and the criminal liability is very heavy in light of the content of the crime, and the degree of the defendant's participation or the amount of damage is not minor, and the circumstances unfavorable to the defendant are recognized.

However, considering the fact that the defendant led to the confession of the crime of this case and reflects the truth in depth, that the defendant agreed with the victims, that there was no record of the crime exceeding the fine, that the defendant has yet to be punished, that the family members of the defendant wanted to take the preference against the defendant, and that it is clear that the social ties of the defendant's relationship with other accomplices, such as the fact that it is necessary to consider the equity in the punishment with other accomplices, and that other circumstances, which form the conditions for the sentencing specified in the argument of this case, such as the defendant's character, conduct, environment, etc., are deemed unfair rather than unfair because it is too uneasible, as argued by the prosecutor.

Therefore, the above argument of the defendant's above sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is again ruled as follows. However, as long as the judgment of the court below is reversed on the grounds of the defendant's appeal, the prosecutor'

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.