The judgment below

The remainder, excluding a compensation order, shall be reversed.

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

1. As to the gist of the reasons for appeal, the defendant asserts that the defendant is too unafford and unfair as to the punishment of the court below (one year of imprisonment), and the prosecutor asserts that it is too unafford and unfair.

2. The instant crime of determining the illegality of sentencing was committed by the Defendant by taking part in the collection of cash in the crime of Bosing, and acquired approximately KRW 7,183,00 from seven victims in sum.

보이스 피 싱 범행은 불특정 다수의 피해자를 상대로 조직적 ㆍ 계획적 ㆍ 지능적으로 이루어지는 범죄로 그 죄질이 매우 나쁠 뿐만 아니라, 그로 인한 사회적 폐해도 매우 심각하므로 그 하위 가담자들에 대해서도 단호한 처벌이 불가피하다.

The Defendant directly received cash from the victims and transferred money to another place, which constitutes subordinate participants, but the Defendant actively participated in the commission of the phishing crime, such as: (a) having received specific instructions from the victims; (b) having returned to many places; and (c) having talked about the false position to the victims in accordance with the instructions given during the collection process; and (d) having conducted part of the deception directly.

On the other hand, the defendant shows his attitude to recognize and reflect his criminal act, and the defendant is the first offender who has no criminal history.

The profit gained by the defendant by participating in the crime of this case is larger than the amount obtained by fraud at the level of 00,000 won per time.

It is difficult to see it.

In the lower court, the Defendant compensated the victim M,O, P, Q, and H for a total of KRW 21 million, and agreed with the said victims. In the first instance, the Defendant compensated the victim B for a total of KRW 5 million and agreed with the said victim.

In full view of the Defendant’s age, sex, environment, motive, means, consequence, etc. of the crime, and all of the sentencing conditions and sentencing criteria as shown in the instant argument, including the above circumstances, it is unreasonable to maintain the lower court’s sentence as it is.

Therefore, the defendant-appellant.