The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by deceiving the victim by means of lending KRW 5,630,000 by deceiving the victim in collusion with the name of the victim, the E, and F for the purpose of using it for telephone financial fraud, and by deceiving the victim by means of money such as lending KRW 5,00,000 when remitting money necessary for the issuance of the securities by telephone. Considering the fact that the crime of Bophishing is inferior in light of the criminal law, content, and consequence, and that the crime of Bophishing is a serious criminal causing significant harm and harm to society by deceiving an unspecified number of money systematically and systematically, it is necessary to strictly punish the defendant.

However, there are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant crime, the degree of the Defendant’s commission of the crime is relatively weak, the period of the commission of the crime is relatively short, the Defendant agreed with the victim, the Defendant did not have any record of criminal punishment except that sentenced once to a fine due to violent crimes, and the Defendant appears to have been detained for five months, and the time of reflective and self-esteem was considered. Considering all of the sentencing conditions shown in the instant pleadings, such as the above circumstances and other sentencing conditions, such as the Defendant’s age, character and conduct, and home environment, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of the original judgment. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.