The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, confiscation) imposed by the lower court is too unreasonable.

2. The crime of fraud is committed in a systematic and planned manner, and social harm is very high, and only part of the crime is involved because of the difficulties in arresting the entire organization, a strict punishment is required. The defendant plays a role in collecting cash, such as deceiving the victim while serving as an employee of the Financial Supervisory Service, and is disadvantageous to the defendant.

However, the court below held that the punishment imposed by the court below is unfair in light of all the circumstances, including the size of damage caused by the crime in this case, the defendant's age, character and behavior, environment, motive and circumstance of the crime and circumstances after the crime, etc., which are the conditions for the punishment as shown in the records and arguments, should be taken into account, and all the circumstances, such as the size of damage caused by the crime in this case, the defendant's age, character and behavior, the environment, the motive and circumstance of the crime, etc., are considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts;