All appeals by the Defendants (excluding Defendant B) and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants (excluding the Defendants B) confession and reflects the Defendants, the balance of the expected punishment when the Defendants received the judgment at the same time as the judgment became final and conclusive, the Defendants’ environment and family relationship, etc., the lower court’s punishment against the Defendants (one year of suspended execution in February) is too unreasonable.

B. In light of the fact that the Defendants, in a systematic and planned manner, were involved in the phishing crime by deceiving the victims, the nature of the crime is very poor, the degree of the Defendants’ participation is not insignificant, the number of victims occurred, and the amount of damage is not much, and the damage is not recovered, etc., the lower court’s punishment against the Defendants is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing against the Defendants is too heavy, or it exceeded the reasonable scope of discretion, because it is too low.

3. In conclusion, the appeal by the Defendants (excluding the Defendants B) and the Prosecutor is without merit, and all of them are dismissed. It is so decided as per Disposition.