A defendant shall be punished by imprisonment for six months.

Seized evidence 1 through 11, 14, 15 shall be confiscated, respectively.

2. The crime of this case in a systematic manner is a crime that takes part in the so-called telephone financial fraud crime that causes damage to many unspecified victims and takes charge of the acquisition, withdrawal, remittance, etc. of the means of access and has a significant and strict need for punishment.

However, in full view of all the circumstances such as the defendant's confession, the fact that there are many times of participation of the defendant, the fact that the defendant agreed with the victim W when the defendant was in the trial, the defendant has no other criminal records, and the defendant's age, character and conduct, environment, the circumstances and details leading to the crime of this case, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Criminal Matters, each provision of Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the point of taking over access media) concerning the selection of punishment, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria [Determination of the type of punishment] General Fraud (less than KRW 100 million) (Special Aggravation of Punishment): In a case where the method of punishment is very poor (decision of the recommended area).