The judgment below

The defendant's appeal concerning the defendant's case is dismissed.

The judgment below

Part of the compensation order.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. After the judgment of the court below on the unfair argument of sentencing, the Defendant paid KRW 5 million to the victim C for compensation for damage, and the victim C wishes to have the Defendant be placed in the front place.

This is a change in circumstances favorable to the defendant.

However, compared with the sentencing conditions and the reasoning of the lower judgment on the records and the theory of the instant case, such as the structural characteristics and necessity for eradicating the crime of telecommunications financing fraud (al phishing), the detailed contents of the instant crime, the motive and means of the crime, the degree of Defendant’s participation (the Defendant, while misrepresenting the staff of the Financial Supervisory Service, obtained signature on an official document forged by the victims), the total amount of damages, the degree of recovery of damages, and the background leading up to the appellate court’s partial repayment of damages, etc., the sentence of the lower court cannot be deemed unfair, even if considering all the circumstances asserted by the Defendant on the grounds of appeal, including changes in circumstances favorable to the Defendant, by considering

The defendant's argument of sentencing is not accepted.

3. In a case where the defendant, ex officio, filed an appeal against a conviction, the order for compensation pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the order for compensation, shall be examined ex officio as to the part of the order for compensation among the judgment below.

As seen earlier, it became unreasonable for the Defendant to pay the victim the amount of KRW 5 million for compensation for damage after the judgment of the court below to make an order for compensation.

Therefore, among the judgment below, the compensation order can no longer be maintained.

4. In conclusion, the defendant's appeal on the part of the case of the court below cannot be accepted. Thus, it is in accordance with Article 364 (4) of the Criminal Procedure Act.