The judgment below

Among them, the part concerning the crime of 1, 2, and 5 of the judgment of the defendant A and the part concerning the defendant B shall be reversed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment and two months of imprisonment, confiscation, and Defendant B: 8 months of imprisonment) of the lower court is too unhued and unreasonable.

B. The sentence of the lower court is too unreasonable.

2. The following facts are favorable to the Defendants.

Defendants reflect on crimes.

Defendant

A shall pay a total of KRW 13,930,00 as agreed money to the victims of I, CM, BS, and CN (total of KRW 24,767,00), and the victims do not want to be punished against the Defendants.

Defendant

B is an initial crime without any criminal punishment prior to the instant case.

On the other hand, the following is disadvantageous.

The so-called phishing crime, such as the crime of this case, committed by the Defendants, is a crime that assumes the entire nation of the Republic of Korea as a crime, assumes the identity of various state agencies and financial institutions, or makes a non-discriminatory and low-discriminatory crime by taking advantage of anxiety on the safety of the victims' families, etc., and

This crime is very difficult to arrest the main offender in the investigative agency because the main offender resides or is operated as an occupation organization in a foreign country, and is a big social problem, but there is a high need for general prevention through strict punishment as the crime is more extreme.

Moreover, there is an unreasonable and unfair situation such as punishing a civil dispute between those who provided means of payment such as passbook and those who acquired money and those who acquired money without revealing the principal offenders who actually acquired profits through the singing crime.

In light of this point, it is necessary to strictly punish criminals who participated in the Bophishing crime even though their roles are merely simple participation and they do not have an individual benefit.

The defendants acquired them by deceit.