The judgment of the court below is reversed.

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

smartphones seized.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In light of the fact that the social harm caused by the crime of “Sing” and the Defendant and the prosecutor’s respective arguments of unfair sentencing are very serious, it is recognized that the act of taking part in the crime of “Sing” like the instant crime requires strict punishment, and the so-called “singing” in the Defendant’s charge is an essential and conclusive role for the completion of the “Sing” crime, and the liability for the crime is not less than less than 40 million won, and the amount of damage is more than 40 million won.

However, in light of the following factors: (a) the Defendant led the Defendant to commit the instant crime for the first time, and made a confession of his mistake; (b) it appears that he did not play a leading role in the instant crime; (c) the actual profit was not so significant compared to the total amount of damage; (d) the Defendant paid 5 million won to the victim in the trial; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

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.

(However, as long as the appeal by the defendant is reversed on the grounds of appeal, the prosecutor's appeal shall not be dismissed. Criminal facts and summary of evidence recognized by the court are the same as that of the judgment of the court below.