The judgment of the court below (excluding the part ordering a compensation order, including provisional execution) shall be reversed.

Defendant .

1. The summary of the grounds for appeal is as follows: (a) the Defendant, taking part in the organization of the phishing criminal organization, and by deceiving the victims according to the instructions of the superior officer, forged the employee card of the Financial Supervisory Service and obtained money from the victims.

It is an organized, planned, and intelligent crime, and it is necessary to punish a majority of victims to prevent the massation of victims due to Bosing crimes.

The victim did not reach an agreement with the victim or did not recover from the damage.

In full view of these circumstances, the sentence imposed by the court below on the defendant is too unfortunate and unfair.

2. The crime of Bophishing is committed against many and unspecified persons on a planned and organized basis, and is highly harmful to society.

In light of the fact that the Defendant forged the evidence of a member of the Financial Supervisory Service to serve as a staff member of the Financial Supervisory Service, and the Defendant’s role in the criminal case of Bosing, it is difficult to view that the Defendant was simply involved in the criminal case of Bosing.

In addition, considering the Defendant’s age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the instant records and arguments, since the sentence imposed by the lower court is deemed unfair and unfair, the allegation of sentencing is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act concerning the pertinent criminal facts, the choice of punishment, and Articles 352 and 347(1) of the Criminal Act.