The judgment below

The remainder, excluding a compensation order, shall be reversed.

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

1. The sentencing of the lower court (one year of imprisonment) on the grounds of appeal (one year of imprisonment) is too unfluent and unfluent.

2. The fact that the amount of damage in this case was KRW 2,55 million out of KRW 61.6 million was returned to the victims is the circumstances favorable to the defendant.

However, in light of the following acts: (a) the Defendant: (b) collected cash with the instructions of a person without no knowledge of office and face; and (c) received money from some victims using the personal information of several persons sent in a telegram; and (b) received money, the Defendant served as a liability for the collection of cash by deceiving the phishing organization.

It is difficult to see that there is an intentional nature.

Recognized.

As in the instant case, the crime of Bosing, like the instant case, needs to be strictly punished even for some participants, because there is a very great harm that may cause the society, such as that the method of the commission of the crime is systematically planned intelligent and large number of victims, and bring about a financial institution’s incompetence. Since the collection and delivery of cash is an essential element to complete the crimes of Bosing, the degree of the Defendant’s involvement is light.

In light of the records of this case and various sentencing conditions indicated in the theory of change, such as the following: (a) the nature of the crime cannot be seen as falling short of the nature of the crime and the liability for the crime; (b) the injury to the victims was not recovered excluding any part of the money confiscated and returned; (c) the Defendant has several criminal convictions, such as imprisonment with prison labor for five years and suspension of execution; (d) the sentencing cases of similar cases and the sentencing guidelines for the crime of systematic fraud; (e) the scope of the recommended punishment on the basis of the sentencing guidelines (one year to six years; and (e) the Defendant’s role and the content of the crime; and (e) the scope of the recommended punishment on the grounds of special mitigation (in light of the fact that the lower limit is one year, considering that it is considered as the mitigation area).

3. If so, the Prosecutor’s appeal is reasonable.