A defendant shall be punished by imprisonment for a term of two years and two months.

A. The lower court’s sentence (one year and ten months of imprisonment) against the Defendant by the prosecutor (unfair sentencing) is too unhued and unfair.

B. The above sentence of the court below against the defendant (unfair sentencing) is too unreasonable.

2. Determination

A. The scope of the recommended punishment according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court [the types of punishment [the types of punishment according to the sentencing guidelines] is the type 1 (where each crime of fraud is less than KRW 100 million, since each crime of fraud in the Supreme Court is concurrent crimes in the same group] [the types of punishment shall be determined based on the sum of gains] [the person who is subject to special sentencing] where an unspecified or a large number of victims (the scope of recommended and recommended punishment] [the scope of recommended punishment] 2 years and 6 months

B. We also examine each of the unfair sentencing arguments of the prosecutor and the defendant.

In the past, the Defendant seems to have committed the instant crime at the time of the trial, and the fact that there is no record of criminal punishment prior to the instant crime ought to be considered in light of the favorable circumstances to the Defendant.

However, as in the instant case, the crime of Bosing, such as the instant case, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and the harm inflicted on the victims and society is very high to punishment and criticism. The Defendant’s participation in the act constitutes the act of misrepresenting and receiving money by deception, which is essential for a Bosing crime, constitutes the act of misrepresenting employees of the Financial Supervisory Service, and taking part in the crime to the surrounding persons; the number of the crimes in the instant case, the number of victims, and the amount of the profits acquired by the Defendant,

Nevertheless, there is no circumstance that the defendant made any effort to recover from damage until the trial is the case that is disadvantageous to the defendant.

In addition, the defendant's age, sex, family relationship, circumstances leading to the crime and the result thereof are equitable with the punishment of accomplices, including the circumstances after the crime.