The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized whitephone X 1 (No. 3) shall be confiscated.

1. The sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. In order to eradicate the crime of this case, the crime of this case is committed on a systematic and planned basis for many and unspecified persons, and the social harm caused by the crime is very large, and there is a tendency that the method becomes more and more effective and organized, and thus, a person who has partially participated in the process of the crime needs to be punished strictly.

The role of the defendant in the crime of this case is that when the money acquired by the accomplice is deposited into the bank account in Bosing and keeping it by delivery of the bank account to be used in Bosing, the money will be transferred to another bank account again, and the criminal liability is not less than that of realizing criminal proceeds and making it difficult to trace it, and the physical card, which the defendant received and kept, reaches 256 and the amount of fraud damage amounted to 58,910,000 won.

Most damages have not been recovered.

The above circumstances are unfavorable to the defendant.

However, the court below's punishment is unreasonable in light of the following circumstances: (a) the defendant made confession of all of the crimes of this case for the first time in the trial; (b) favorable circumstances such as the defendant's first offender who has no record of criminal punishment; (c) equity in sentencing with similar cases; (d) the defendant's age, character and conduct, environment; (e) motive, means and consequence of the crime of this case; and (e) all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court shall be as follows.