The judgment below

The guilty portion against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for three years, and Defendant B.

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles (as to the part of innocence against the Defendants in the judgment of the court below), the Defendants commenced fraud by entering into deception not only by inquiring the victims about the detailed information on the credit of the victims, but also by attempting to make a substitute passbook for smoking twice by making a false statement on the phone to the victims.

Since it is reasonable to see that the lower court acquitted the Defendant of this part of the facts charged, there is an error of misapprehending the legal doctrine regarding the timing of commencement of the commission of fraud.

2) The sentence of the lower court’s unfair sentencing (for Defendant A: four years of imprisonment; for three years of imprisonment; for Defendant C, and for D, two years and six months of imprisonment for each type of imprisonment; for Defendant E, F, and G: one year and six months of each type of imprisonment) is too unfasible and unfair.

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

2. Determination

A. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine 1) The summary of the facts charged is to collect personal information to be used for the commission of the phishing crime, and on June 2, 2015.

6. Around 4. Around 23C failure to inform the P of the “O” program installed in the Nowon-gu’s head office of the above contact, the Defendant pretended to the P’s Q No. P to the scenario prepared in advance and provided P with the P as if he/she is an employee of the National Bank, and the credit rating should be verified first. Accordingly, he/she acquired 120 personal information from P in the following manner: (a) around that time, the Defendants came to know personal information such as name, date of birth (or resident registration number) and address, occupation, etc.; and (b) subsequently, the Defendants came to obtain 120 personal information in the following manner: (c) access to the “BD” Internet site to inquire about the credit rating with the personal information of P acquired at the above time, at the above location; and (d) access to the P’s member’s name during the process of joining the P.