The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. The crime of this case is a so-called “singing” crime committed against many and unspecified persons in a systematic and planned manner, and thus, social harm is very high, there is a need to strictly punish intermediarys in order to eradicate the crime. The Defendant escaped from China to avoid punishment after the crime of this case, etc. are disadvantageous to the Defendant.

However, the Defendant appears to have committed the instant crime, and the Defendant was relatively old at the time of committing the instant crime, and the victim’s damage was recovered, and the victim was not punished by agreement with the victim when the Defendant was in a trial, and the Defendant’s family and family members want not to be punished by agreement with the victim, and the Defendant’s health appears to be good. In full view of the various sentencing factors indicated in the instant argument, such as the Defendant’s character, conduct, environment, and circumstances after the instant crime, the lower court’s punishment is somewhat 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.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 329, 30, and 319 (1) and 30 of the Criminal Act that choose a penalty (the point of thief and the choice of imprisonment), and Articles 319 (1) and 30 of the Criminal Act;

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