A defendant shall be punished by imprisonment with prison labor for up to six months.

No. 2 of the seized evidence shall be from the defendant.

2. The crime of aiding and abetting and abetting the Defendant is a systematic and planned crime of fraud under the so-called “Sishing” law, through which many unspecified victims obtain money from an unspecified number of victims, and it is difficult to crack down and there is a great social harm.

However, the Defendant recognized the instant crime and opposed to the mistake.

The defendant seems to have not acquired special benefits from the crime of this case.

US$ 26,300 was returned to the victim.

In full view of all the sentencing circumstances shown in the records and arguments of this case, including the above circumstances and other circumstances favorable or unfavorable to the defendant, such as the age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is deemed to be too unreasonable.

3. As such, the defendant'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 the judgment below is ruled as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows. The summary of facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Defendant’s trial testimony” to “a summary of evidence” as stated in the judgment of the court below.

Application of Statutes

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 48 (1) 1 of the Criminal Act to be confiscated;