The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. The crime of “phishing,” in which the Defendant participated, is an element unfavorable to the sentencing, inasmuch as the method of committing the crime is organized, planned, intelligent, and undiscriminatory and serious damage to many and unspecified persons, and the overall trust relationship of society has a serious adverse effect on society, etc., and thus, it is necessary to strictly punish such a crime.

However, considering various sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., including the fact that the Defendant was a primary offender who had not committed the crime of this case, the fact that the Defendant recognized the crime of this case, the fact that the amount of damage was repaid to the remainder that was not repaid at the original trial at the original trial, and the fact that some victims expressed their intention not to be punished in the original trial, etc., the scope of recommending sentencing guidelines under the sentencing guidelines is “the scope of recommending sentencing guidelines” and “the basic area (the crime subject to a special victim or multiple unspecified victims, and the person subject to special mitigation: the damage recovery)” from 6 months to 1 year and 6 months.

The sentence of the court below is too unreasonable.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;