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

except that, for two years from the date this judgment becomes final and conclusive.

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The crime of Bosing, such as the instant case, is not organized, planned, or intelligent, so it is difficult to regulate the crime, and the resulting social and economic harm needs to be strictly punished.

The defendant could commit fraud by taking charge of the cash collection measures of the Bosing organization. The defendant's responsibility is not less than that of the defendant.

The amount of defraudation reaches KRW 45 million and has not been recovered from damage.

However, in the appellate trial, the defendant was aware of the crime of this case and recognized his mistake.

The duration of the defendant's participation in the crime of this case is short, and the profits acquired by the crime of this case are limited to the small amount.

There is no criminal record of the defendant beyond the same criminal records or fine.

In addition, in full view of the factors revealed in the proceedings of the instant case, such as the defendant's age, environment, circumstances and result of the crime, the sentencing of the court below against the defendant is deemed unfair.

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

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(In a case where an appeal by a prosecutor is groundless, but the decision of the court below is reversed by accepting the appeal by the defendant, the prosecutor's appeal shall not be dismissed separately from the disposition). 【Reasons for the judgment of the court which is used in multiple cases】 Criminal facts and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, the summary of the facts constituting an offense and the evidence is cited

Application of Statutes

1. Criminal facts;