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Defendant
All appeals filed by A and prosecutor are dismissed.
The litigation costs relating to the witness of the original instance shall be borne by Defendant A.
Reasons
The reason for appeal is that it is the reason for the prosecutor's appeal that the punishment prescribed by the court of the original judgment (two years of imprisonment) by both parties' appeal against the defendant A is unfair because it is too unfasible, and that it is unfair because it is too unreasonable.
Defendant
The prosecutor appealed that the sentence (two years of suspended execution of one year, protection observation, community service work time, confiscation) set by the court of the original instance as to B is too unfasible and unfair.
Judgment
Defendant A was involved in the phishing crime, which caused the damage of 38 million won to 3 victims. This is not the case where the liability for the crime is less.
Moreover, even though the defendant had been punished more than three times as a second time of fine and a suspended execution one time due to the same crime of fraud (Internet goods fraud), it is inevitable to punish the same crime as this case.
The efforts to recover damage were not made properly.
Defendant
B took part in the phishing crime, which caused the damage of 12 million won to one victim.
Defendant A complained of the mother's wife and the guidance of his/her edification.
Defendant
B pays 5 million won to the victim N, and the victim was not punished, and the mother's child complained of the wife.
It is also considered that detention was made for 20 days for three months and half months, and half time was paid.
In addition, the defendant is an initial offender who has no criminal history.
Comprehensively taking into account the aforementioned various positive and negative circumstances, the court of the original judgment determined the sentence against the Defendants by taking into account the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
Defendant
B A A written agreement was submitted in the first instance court, but the above defendant did not appeal, and it is difficult to view it as a circumstance to reduce ex officio.
In addition, the defendants' age, sex, environment, motive, means and consequence of the crime.