All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. As to the Defendants’ attempted fraud against R and T by the misunderstanding of the facts and the legal principles, the Defendants’ act of the victims’ withdrawal of deposits at the horses of the phishing employees and keeping cash in a place where it is easy to bring about a house to the victim constitutes an act of delivering cash to others or having intent to dispose of it. Thus, there was commencement of the commission of fraud by deception against the victims of the phishing employees.

may be seen.

Therefore, the judgment of the court below that found the Defendants not guilty of all the charges on the grounds that the Defendants constituted an accomplice of the attempted fraud, is erroneous in the misapprehension of facts and legal principles.

(2) The sentence against the Defendants (Defendant A: 3 years of imprisonment, confiscation, and Defendant B: 4 years of imprisonment) of the lower court’s improper sentencing is too unfluent and unreasonable.

B. Defendant A’s punishment is too unreasonable.

(c)

Defendant

B (1) misunderstanding of facts and misapprehension of the legal principles, the Defendant did not either conspired to commit or engage in any phishing crime with J, K, A, etc., nor did he/she introduce A to J.

Even if it is recognized that the defendant introduced A to J, the defendant is not a joint principal offender because he was aware of what kind of crime he committed.

However, the judgment of the court below which found the defendant guilty of the crime of larceny and intrusion upon residence is erroneous in the misunderstanding of facts and misapprehension of legal principles.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. In the first instance of the indictment, the prosecutor tried to keep the Defendants guilty of attempted fraud among the facts charged in the instant case and subsequently maintained the following facts charged as preliminary charges.

(1) The provisions of the applicable law are to add “Articles 342 and 329 of the Criminal Code” as preliminary.