The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

1. The punishment for the accused (two years of imprisonment) against the summary of the grounds for appeal is too unreasonable;

2. The social harm of the singishing crime is very low, and the defendant joined the organization of the singishing crime and took the role of deceiving money from the victims as counselors of the call center. After returning to the Republic of Korea, the defendant took part in the fraud by taking part in the cash withdrawal of the singishing crime, the total amount of damage caused by each of the above crimes reaches a considerable amount and has not been recovered, and the defendant has been punished by a fine for the violation of the Electronic Financial Transactions Act in 2017. The period of the defendant's participation in the crime is relatively short, and the defendant's participation in the crime should be considered at the same time as the judgment becomes final and conclusive on May 18, 2019. Considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is unfair, taking into account the following circumstances into account.

Therefore, the defendant's above assertion is justified.

3. Thus, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and the summary of the evidence and the criminal facts recognized by the court are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 347(1) and 30 (Fraud point) of the Criminal Act, and Articles 114 and 347(1) of the Criminal Act (including joining a criminal organization, joining a criminal organization, and joining a criminal organization) for criminal facts.