The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B.

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants (Defendant A: 3 years of imprisonment; Defendant B’s imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

Judgment

Defendant

In full view of the fact that A returned approximately KRW 135 million to the victims by returning cash or cancelling card sales, etc. A returned approximately KRW 135 million to the victims, approximately KRW 33 million was returned to the victims requesting refund in AUO and BC, a publishing company of the instant periodical, and the victims requesting refund in accordance with the contract with Defendant A, which is anticipated to further refund in accordance with the contract with Defendant A, and that Defendant A returned approximately KRW 9 million by personal contact with the victims, the sentence of the lower court is somewhat unreasonable.

Therefore, the Defendants’ assertion of unreasonable sentencing is justified.

Therefore, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal by the Defendants is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 352, 347(1), and 30 of the Criminal Act; Articles 352, 347(1), and 30 of the Criminal Act; Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Articles 30 of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B of a stay of execution: Article 62 (1) of the Criminal Act (Consideration of favorable circumstances to Defendant B);

1. Defendant B of the community service order: The crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is authorized to access for about three years.