The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (the community service order of October, the suspended sentence of two years, and the 80-hours) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court shall respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) under normal circumstances, the crime of Bosing phishing was committed against a large number of unspecified victims in a planned and systematic manner and causing damage difficult to recover to the victims; and (b) social harm is serious; (c) even if part of the crime was involved in the crime, there is a serious need to strictly punish the defendant; (d) the defendant shows an attitude to recognize his mistake and reflect it; (e) there was no history of punishment so far; (e) the defendant has contributed to the expansion of damage by refusing to withdraw KRW 3 million; and (e) the defendant appears not to have a conclusive intent to commit the instant crime; and (e) there is no special change in circumstances after a sentence to each of the Defendant was pronounced.

In addition, even if examining various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence of the court below exceeded the reasonable scope of discretion because it is too unhued.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.