A defendant shall be punished by imprisonment for one year.

2. The so-called “singing” fraud, which is planned and organized against many and unspecified persons and leads a large number of victims, is not very good to commit the crime, and the social harm is also serious.

These crimes are carried out in a variety of ways through the participation of subordinate officers such as withdrawals, remittances, solicitations, and deliverys as well as the total amount of liability, and it is also necessary to severely punish such participations.

The Defendant, who was a staff member of the Financial Services Commission, received KRW 18 million from the victim, and delivered it to the side of the Bosing Organization.

It is inevitable to strictly punish the defendant.

However, the court below's punishment seems to be somewhat unreasonable when considering all sentencing factors indicated in the argument of this case, such as the defendant's age, character and behavior, environment, motive and means of crime, and circumstances after crime, etc.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.