2. The judgment is a favorable condition to the defendant that the defendant repents and reflects his mistake, and that there is no record of punishment for the same kind of crime.

On the other hand, the prosecutor of 61,841,099 won from the victimized financial company by filing a false petition for relief from damage to a telecommunications company with the police station and the financial company is correct from "6,081,61,617" to "61,841,09" from "6,08,61,617 of the facts charged as to the violation of the Special Act on the Refund of Monetary Loss from Fraud and Telecommunications Fraud at the first trial of the court below, and read the corrected facts charged, and all the corrected facts charged were recognized, and the sum of the amounts refunded in attached Table 1 of the court below's judgment as "6,081,617 won" is also clearly written in the "6,08,617 won" as stated in the judgment of the court below as to this part, and even if this is corrected, it cannot be viewed that it substantially impedes the exercise of the defendant's right to defense."

Considering the circumstances and contents of the crime, the fact that the crime is very poor is committed in consideration of the fact that the establishment of a corporation in order to acquire the cost of transferring the access media, the establishment of a corporation, the establishment of a passbook in the name of the principal or the corporation established, the transfer of 16 accessible media, and the acquisition of the cost of cash withdrawal in the criminal act of Bosing.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too vague and is not deemed unfair (a crime and fraud in the lower judgment).