The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment with prison labor for one year and four months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (one year and six months of imprisonment, confiscation, confiscation, Defendant B, C, and D) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

The crime of this case is very poor for the Defendants to commit the instant crime, which was committed systematically using a large number of unspecified personal information.

There is a lot of damage, such as the defraudation of money exceeding KRW 56 million from 12 victims for a period of 2 months.

The Defendants led the instant crime by sharing the office lease, the establishment of so-called “large phone” and “large passbook”, counseling on loans, etc.

On the other hand, the following points are favorable to the Defendants.

The Defendants continued to make efforts to recover damage from the investigation stage to the court, thereby paying at least 70% of the total amount of damage.

The nine among the 12 victims expressed the Defendants the intention of not to punish the Defendants.

All the Defendants have no record of criminal punishment for the same crime.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the age of the Defendants, sexual conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of the recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed to be excessive and unfair, and the Defendants’ assertion is reasonable.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act regarding the pertinent criminal facts; Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act regarding the choice of punishment (a accessible medium).