The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A and C shall be punished by imprisonment with prison labor for one year and six months.

The summary of the grounds for appeal is that Defendant A was returned on April 5, 2019 and was in the Republic of Korea until the 11th day of the same month, and was not involved in the crime set forth in Article 3 (d) through (f) of the decision of the

The Defendant is merely a counselor and did not perform functional control over the crime of Bosing during the above period. Therefore, the Defendant cannot be deemed a joint principal offender of the crime of Bosing.

The punishment sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment, additional collection) is too unreasonable.

Defendant

C The punishment sentenced by the court below (two years and six months of imprisonment, additional collection) is too unreasonable.

Defendant

Comprehensively taking account of the following facts, the court below’s assertion of mistake of facts as to the argument of Gap’s assertion, which can be recognized by comprehensively taking account of the evidence duly examined by the court below, it cannot be deemed that the defendant left the conspiracy relationship for the crime of Bosing in this case even if he returned temporarily from April 5, 2019 to the 11 of the same month and was in the Republic of Korea. Even if the defendant did not directly participate in the deception against the victims during that period, even if the defendant did not directly participate in the deception, it can be deemed that the defendant had a functional control over the defendant’s functional act during that period. Thus, the defendant can be sufficiently recognized

Defendant’s assertion is without merit.

Along with the fact that the Defendant joined the instant Bosing Criminal Organization and was a counselor who solicits a passbook and a physical card to be used for the instant Bosing criminal act, and participated in the instant Bosing criminal act, and returned temporarily on April 5, 2019.

After that, on the 11th of the same month, the Republic of Korea returned to China on the 24th of the same month.

After that, on May 6, 2019, the Republic of Korea left China and continued to be a counselor.

As to the assertion of unfair sentencing, the crime of Bophishing in this case requires strict punishment against social harm, and is planned and organized.