A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 2 or 3 shall be confiscated.

Unfair sentencing (originality: 10 months of imprisonment, 2 years of suspended execution, and Confiscation)

2. The fact that the judgment defendant recognized and reflecteds the crime, and that the primary offender is the defendant is favorable to the defendant.

However, in full view of the various circumstances indicated in the pleadings of this case, including the following: (a) the crime of this case was committed in a systematic and planned manner against many and unspecified persons; (b) the role of the Defendant’s cash collection measures is essential for the completion of the crime of Bosing; and (c) the degree of participation is not easy; and (d) the amount of damage is not much significant; (b) even if the Defendant was unaware of the specific relevance to the crime of Bosing, the illegality of the act itself committed the crime of this case only though he was sufficiently aware; and (c) the damage has not been recovered, the sentence imposed by the lower court is unreasonable.

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 decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 32(1) of the Criminal Act, Articles 352, 347(1) and 32(1) of the Criminal Act, Articles 352, 347(1) and 32(1) of the Criminal Act, the choice of imprisonment for a crime

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 2 of the Criminal Act to be confiscated;