A defendant shall be punished by imprisonment for four months.

2. The nature of the instant crime is not good and most of the damages are not yet repaid.

However, it is deemed that the punishment of the court below is somewhat excessive considering the following factors: (a) the details of repayment of KRW 4.6 million to the victim C which was not submitted by the court below for the first time; (b) the Defendant’s operation of the system would have affected the instant crime; (c) the Defendant’s damage to scams would also have affected the conclusion of the instant crime; and (d) the equity with the case of judgment at the same time as the judgment of the court below became final and conclusive; and (e) other various sentencing conditions in the instant case’s records, such

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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