2. There are favorable circumstances, such as the fact that the judgment defendant is the primary offender and reflects, the person with bad credit, and the mother suffers from dementia, and the fact that he did not obtain any other economic benefits due to the instant crime.

However, given that the head of a Tong and a e-mail card transferred by the Defendant to a third party was used in the so-called scam and the victim was damaged to KRW 4.360,000, and the Defendant received text messages to the effect that the bank account was used for the following day when the Defendant informed a third party of the bank account, the Defendant left the bank account even if he could have prevented the damage if he had been used for the crime, and there is a need to strictly punish the relevant crime according to the intelligentness of the scam. In full view of various sentencing conditions in the instant case, such as the sentencing of other cases similar to the instant crime, equity with the sentencing of the Defendant, the Defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.