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

Seized evidence 1 to 4 shall be confiscated.

A. When considering various circumstances, such as the confession and reflection of the Defendant, and the fact that the father in the process of hospitalized treatment ought to be considered, the sentence of imprisonment (six months of imprisonment) of the lower court is too unreasonable.

B. In light of the fact that the prosecutor Defendant was involved in the delivery of passbooks and withdrawals by the organization of Bosing fraud crime, and the waste of Bosing on society, the sentence of the lower court is too uneased and unreasonable.

2. The Defendant is a domestic first offender.

It is also recognized that the confessions of all crimes of this case and reflects them, the presence of the automobile parts factory, which led to the crime of this case, and the number of parents should be considered together.

However, this case is recognized that the defendant received and kept the means of access used for the so-called Bosing crime, and that the defendant served as the delivery and the withdrawal of the means of access of the entire Bosing organization.

Due to the characteristics of the Bosing crime committed in the form of a occupied organization, it is inevitable to strictly punish the defendant, considering the adverse effect on the Korean society on the crime of Bosing, which is difficult to arrest the entire organization or recover the amount by fraud.

In addition, considering the motive of the instant crime, circumstances after the instant crime, the age, character and conduct of the Defendant, and criminal records, etc., various circumstances constituting the sentencing conditions as shown in the records and arguments, the lower court’s sentence is too unreasonable.

3. As a result, 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 the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;