The judgment of the court below is reversed.

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

One copy of the seized mobile phone(opon).

Summary of Grounds for Appeal

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is acknowledged that the defendant took part in the crime of Bophishing criminal organization in the collection and delivery of damage amounting to approximately KRW 40,000,000,000 in total from three victims, considering the method and content of the crime, and that all victims are aged, the crime is very poor and not less than liability, and the crime of Bophishing is very serious in social harm, so it is necessary to strictly punish the crime of Bophishing, and that the defendant was not able to receive from victims and failed to pay the damage amount.

However, in full view of the following: (a) the Defendant recognized the instant crime and committed a mistake in depth; (b) most of the victim L’s damage amount is confiscated and deemed to have been damaged as much as the damage would have been recovered; (c) the Defendant has harmed daily labor with China from around 2013 to the Republic of Korea; and (d) there was no record of criminal punishment in the Republic of Korea prior to the instant crime; and (b) the Defendant’s age, character and conduct, environment, motive and background leading up to the instant crime; (c) motive and background leading up to the instant crime; (d) the means and consequence of the instant crime; and (e) the sentencing of a similar or similar case as shown in the instant records and pleadings,

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Grounds for Judgment] Summary of facts constituting an offense and evidence recognized by the court is corresponding to each part of the judgment below.