The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

10 million won shall be additionally collected from the defendant.

3.2

The sentence (two years and six months of imprisonment, additional collection) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, during the period of repeated crime, committed the phishing fraud at the organization of the phishing as “one-line counselor” and committed the phishing fraud.

The amount of defraudation of the crime of this case reaches KRW 50 million.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant agreed with the victim for the first time, and the victim does not want to punish the defendant any longer, and the defendant want to have his wife against the defendant.

In addition, in addition to the defendant's age, sex, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, there is a change in the victim's punishment in terms of sentencing and the source of prior carbon compared to the judgment of the court below, the punishment sentenced by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 114 of the Criminal Act, Articles 114 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes prescribed in grave frauds, the nature and circumstances of which are more severe);

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection (limited to serious crimes prescribed in attached Table 114 of the Criminal Act);

1. The order of provisional payment;