The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of 5 million won.

Defendant

C.

1. The gist of the grounds for appeal is that the lower court’s respective punishment (the Defendant A and B’s imprisonment for one year and six months, the suspended sentence of eight months for Defendant C’s imprisonment for a period of eight years, the Defendant D’s imprisonment for one year, the Defendant E and F’s imprisonment for ten months, and the Defendants’ confiscation) is unreasonable.

2. The crime of Defendant A and B committed each of the appeals by Defendant A, B, D, E, and F revealed personal information, such as the resident registration number of the deceased who was accommodated in U.S. by intrusion on the information and communications network, and obtained money in excess of KRW 150 million in total by means of automatic transfer of money remaining in the deceased account using this information and communications network. The crime is not good, and the criminal intent is excessive. Although F&M, which is the information processing company, made a payment on behalf of the victim in full, the Defendants did not pay damages to the victim or have agreed to do so up to the trial.

Defendant

D, E, and F have been involved in telephone financial fraud that causes damage to unspecified victims in a systematic manner, but it is not good that the crime is committed, and the circumstances are serious, and there was no agreement or no recovery from damage until the case is serious.

In addition, the punishment of the court below is to be imposed by taking into account the favorable circumstances such as the Defendants’ confessions and reflects most of the crimes, Defendant D, E, and F’s criminal power or heavy criminal records, and there is no change in the situation in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of each crime, circumstances after the crime, the age and character of the Defendants, and the character and conduct of the Defendants, the lower court’s sentence against the Defendants cannot be deemed unreasonable.

If so, there is no reason to appeal of Defendant A, B, D, E, and F, so it is decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.

3. The instant crime committed by Defendant C on the information and communications network.