A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 through 16 shall be confiscated.

2. In light of the fact that the crime of this case was committed by taking part in the so-called telephone financial fraud crime that causes damage to many unspecified victims, thereby taking charge of the acquisition, withdrawal, transfer, etc. of the means of access, and that the nature of the crime is poor and is highly likely to cause social criticism, the Defendant is subject to strict punishment corresponding to such act.

However, the court below made every effort to recover damage, such as agreement with or deposit of most victims of the instant fraud in the court below. The confession of and depth in the instant crime continues to exist, the degree of the defendant's participation in the instant crime is passive, there is no force to commit any crime, and other various sentencing conditions in the records and arguments are considered as follows: the motive and background of the instant crime, the degree of damage and the degree of effort to recover damage, the circumstances after the instant crime, the defendant's career, and the environment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) point of fraud: Articles 347 (1) and 30 (Selection of Imprisonment) of each Criminal Act;

(b) The point of receipt of each means of access: Each electronic financial transaction Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act.

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

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