A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 2 shall be confiscated.

A. The prosecutor’s sentence of imprisonment (three years of imprisonment) is too unhued and unreasonable.

B. The sentence of the lower court (three years of imprisonment) is too unreasonable.

2. The telephone financial fraud crime, such as the instant case, is committed against many and unspecified persons in a planned, organized, and intelligent manner, and is likely to cause serious damage to the victim, as well as to cause serious damage to society, it is inevitable to punish them more severe than other crimes.

Moreover, damage has not been recovered.

However, the court below's sentence against the defendant is somewhat heavy in light of all the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., in light of the fact that the crime of fraud is one time, and there is no record of crime except that sentenced to a fine once by larceny. According to the materials submitted in the trial and witness testimony, it is difficult to conclude that the defendant's testimony with a conclusive intent about telephone financial fraud is going to commit the crime.

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

3. Accordingly, 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.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Confiscation of the Criminal Act;