All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of the legal principles (as to the acquittal portion), the Defendants, as a whole, are the “delivery liability” of the entire Bophishing organization, and the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud (hereinafter “Special Act”).

(2) Article 15-2(1)2 of the Act provides that “The act of entering information or order into a computer or any other information processing device by using other person’s information acquired shall be deemed to have functional control by inherent contribution.” Although a co-principal was established, the lower court found the Defendant not guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) In light of the nature of the offense against the Defendants of unreasonable sentencing, the sentence (one year of imprisonment) imposed by the lower court (one year of

B. The punishment sentenced by the lower court is too unreasonable.

2. Judgment of the court below

A. As to the Prosecutor’s assertion of misapprehension of the legal doctrine, Article 15-2 was newly established as the Special Act was amended by Act No. 12384 on January 28, 2014.

According to Article 15-2 (1) of the Special Act of this case, a person who enters information or orders into a computer or any other information processing device with the purpose of telecommunications-based financial fraud (as referred to in subparagraph 1) or (2) a person who enters information or orders into a computer or any other information processing device with any other person's information, such as a computer, shall be punished by imprisonment for not more than ten years or by a fine not exceeding

"" is defined as ".

According to the reason for the amendment of the Special Act, the new reason for the establishment of the said provision is to newly establish a telecommunications-based financial fraud crime in order to punish the “dispact of singing” even.

In addition, the above provision provides for "influence of information, etc." for telecommunications-based financial fraud, and therefore, information, etc.