A. The punishment sentenced by Defendant O (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and 2 months: imprisonment with prison labor for 8 months) is too unreasonable.

B. The punishment sentenced by the court of first instance (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Ex officio determination of Defendant O on the judgment of the court below, the court joined and tried each appeal case of Defendant O against the judgment below.

Defendant

Each crime in the holding of the court below against O is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

Of the judgment of the court below, there are reasons for ex officio reversal on the part of defendantO.

B. From June 13, 2016 to August 1, 2016, Defendant AL joined a singinginging criminal organization that acquired a total of KRW 250 million from 45 persons in China, thereby working as a telephone counselor.

Defendant

The AL's Bosing crime was committed in an organized, planned, and intelligent manner with many unspecified persons as the target of the crime. The victims want to obtain a low interest rate loan due to economic circumstances, but they obtained a loan of KRW 980,00 through KRW 22,00,00, and most of them did not receive a reimbursement for damage, and it is more serious damage to the victims.

Defendant

AL served as a telephone counselor and performed a key role in committing a crime of telephone financial fraud crime organization.

However, the defendant AL recognizes all of the crimes of this case and reflects them, and actively cooperate in the investigation.

The instant crime is a concurrent crime under the latter part of Article 37 of the Criminal Act, which became final and conclusive on April 5, 2017, and the relationship between the crime and the concurrent crime under the latter part of Article 37 of the Criminal Act, and the case where these crimes are concurrently adjudicated pursuant to Article

Defendant

AL and the period of the instant Bosing Fraud, the place of the crime, and the amount of the fraud are similar, K and L shall be punished by imprisonment with labor for two years and six months.