The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Not only the harm and injury of the phishing crime itself is significant, but also the Defendant presents forged official documents, as if he were an employee of the Financial Supervisory Service, and the method of the phishing is bad, and the damage is not recovered, and the responsibility for the crime is heavy.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects on the Defendant’s act; (b) the benefit acquired does not play a central role in the instant crime; (c) the benefit was not so significant; (d) equity with other like cases where the duration and degree of participation are similar; (e) the Defendant’s age, sexual conduct, intelligence and environment; (e) the background leading to the instant crime; (g) the process leading to the instant crime; (d) the means and method of the crime; and (e) the circumstances after the commission of the crime

3. Therefore, the judgment of the court below is reversed, and the remaining part of the judgment below, except the part for the application for compensation order, is reversed, and it is decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347(1), 352 of the Criminal Act (the point of each fraud and attempted fraud, and the choice of imprisonment) and Articles 225 and 229 of the Criminal Act (the forgery of official document and the point of each such event);

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

1. Article 48 (1) of the Criminal Act to be confiscated;