The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of three years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. Since strict measures are required against the crime of telephone financing fraud, it is necessary to punish the person involved in the crime even though the role or gain acquired from the person involved is not significant.

With respect to this case, the Defendant’s crime is too unfortunate and unfair, considering the following: (a) the Defendant’s act of withdrawing the money transferred to one’s account through telephone financing fraud and delivered or delivered the money to the account for cash delivery; (b) the degree of participation is not weak; (c) the amount of damage suffered by two victims who are unable to recover from damage; and (d) the Defendant’s contribution to the recovery of damage was entirely nonexistent.

Therefore, prosecutor's assertion is justified.

However, the suspension of execution shall be maintained in consideration of the following: (a) the Defendant is not a joint principal offender for the crime of telephone finance fraud, but a aiding and abetting offender; (b) the Defendant appears to have caused the instant crime by raising his credit rating; and (c) the Defendant does not seem to have been aided and abetting the crime of telephone finance fraud from the beginning with final and conclusive intention; (d) the payment or promise from the telephone finance fraud organization is not likely to have been made or made; (e) there are extremely difficult circumstances, such as the Defendant’s health; (c) there is no criminal history; (d) the Defendant has been detained for about two months

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;