The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and four months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year of imprisonment by each of the Defendants) is too heavy or too unhued (one year of imprisonment by each of the Defendants).

2. As to the Defendants, there are circumstances favorable to the lower court’s decision.

However, in full view of the following circumstances shown in the records and arguments, the sentencing of the court below is deemed to be too unfluent and unfair.

Since the criminal act of Bosing is highly organized and planned, the social and economic harm caused by the crime is significant, it is necessary to severely punish the criminal act.

"Organizational fraud (amount less than KRW 100,00)", such as Bosing, is set forth in the sentencing guidelines as the lower limit of one year and six months, and the upper limit of imprisonment, three years, and falls under the aggravated factor among special sentencing factors.

The Defendants: (a) enticed the victims of the Republic of Korea in China by misrepresenting the prosecution investigator by misrepresenting them with personal information leaked; (b) led them to transfer money from the account; and (c) transferred money to the accomplices at the next stage of the commission of the crime.

On June 22, 2015, Defendants left China and had prepared and executed the crime until they enter Korea on July 26, 2015, and left China on August 7, 2015 to continue the crime.

Defendant

B has committed the instant crime during the long-term protection observation period as a crime of violation of the Punishment of Violences, etc. Act (joint injury).

The Defendants’ personality, conduct, career, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc.

3. In conclusion, the defendants' argument of sentencing is without merit, but the prosecutor's argument is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading (the prosecutor's appeal is a prosecutor).