The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

Defendant

A.

1. The main point of the grounds for appeal is that the court below's respective punishment (eight months of imprisonment with prison labor for Defendant A and one year of imprisonment for Defendant B) is unreasonable.

2. The crime of this case regarding Defendant A’s appeal is a crime of taking part in criminal telephone financial fraud, which actually causes damage to an unspecified number of victims by systematic means, and is limited to criminal facts. The transfer and acquisition of the means of electronic financial transactions executed by the Defendant constituted a total of KRW 160 million connected to the act of fraud, and the damage recovery was not performed until the trial.

In addition, the defendant has been punished for the same crime several times.

In addition, considering various sentencing conditions shown in the records and arguments, such as the background and means of crime, the circumstances after the crime, the defendant's career, and the environment, the sentence against the defendant cannot be deemed unfair.

Therefore, Defendant A’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

3. Defendant B’s appeal is subject to strict punishment on the following grounds: (a) the nature of the instant crime and the circumstances of the instant crime; (b) the amount of damage caused by the Defendant’s involvement in the crime exceeds KRW 245 million; and (c) the amount of damage was not recovered until the Defendant was in the trial; and (d) the amount of damage was not recovered.

However, prior to the instant case, the Defendant did not have the same criminal power and heavy criminal records, and made a confession of all crimes and reflect in depth.

In addition, considering the motive and background of the crime, the degree of damage, the degree of punishment of the accomplice, the defendant's career, the environment, etc., and the various sentencing conditions shown in the arguments, the sentence of the court below against the defendant is unreasonable.

Thus, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered through pleadings.