All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower judgment against the Defendants (the Defendant A: imprisonment with prison labor for one year and eight months, additional collection, Defendant B: imprisonment with prison labor for one year and six months, and additional collection) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We also examine the Defendants and the Prosecutor’s respective arguments on unfair sentencing.

A. Unfavorable normal crime of this case is a case in which the Defendants joined a telephone financial fraud (hereinafter “phishing”) and misrepresented to the prosecution investigator and prosecutor while engaging in the commission of a criminal organization, and acquired money from the victims. It is very poor that the crime of this case is committed in a systematic and planned manner against many unspecified victims according to their roles sharing.

Since the crime of Bosing is likely to cause property damage to the victims at the same time, the harm from the personal level is considerable, as well as the social and economic harm is very serious, such as the destruction of trust among the members of the society and the disbursement of a large amount of social costs.

In addition, it is difficult to arrest the investigators due to the nature of the crime, and even if the arrest is made, it is difficult to recover the victims from damage.

In this case, the sum of the acquired money by Defendant A exceeds KRW 150 million, and the sum of the acquired money by Defendant B exceeds KRW 48 million, and it is reasonable that the amount of the acquired money by fraud exceeds KRW 48 million. In addition, even in the case of the acquired money by fraud for individual victims, the sum of the acquired money by Defendant B exceeds KRW 7 million and KRW 30 million exceeds KRW 30 million.

The role of the Defendants at the Bosing Criminal Organization was not only the incidental level, such as the withdrawal of the money by fraud or the transportation, but also the “counseling” which directly phoneed to the victims and carried out the deception.

The defendants aim to raise money by introducing each person.