The punishment of the accused shall be determined by two years of imprisonment.

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. However, the Defendant lent his passbook to a proposal that grants KRW 3 million per month and was responsible for the cash withdrawal of the singishing crime.

These Bosing crimes should be punished strictly for a person who has participated in such crimes as a sort of occupational and organizational crime.

Although the victims' prompt response did not withdraw the money remitted to the Defendant's account, and all the victims were returned, the Defendant did not voluntarily return the money.

In addition, when comparing the sentencing conditions as indicated in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the court below's sentence is unreasonable.

Therefore, the prosecutor's improper argument of sentencing is reasonable, and the defendant's argument of sentencing is not accepted.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act and the choice of imprisonment with prison labor for the crime

1. Criteria for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall be aggravated for concurrent crimes;

1. A person subject to special mitigation (a year to two years): Where he/she takes part in the mitigation area (a year to six months): Where he/she has recovered from simple participation and substantial damage therefrom; / Where he/she commits a crime against an unspecified number of unspecified or many victims, or commits a crime repeatedly during a considerable period of time;

2. The sentence of sentence is typically organized crimes and social harm is serious.

In addition, it is institutionalized.