The judgment of the court below is reversed.

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

The following shall apply to the victim as referred to in subparagraph 1 of this paragraph:

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, confiscation) is too unreasonable.

Judgment

The so-called crime of Bosing, which is systematically and systematically conducted against many unspecified persons, such as the crime of this case, is massing a large number of victims, and most of the principal offenders reside overseas, so it is not easy to arrest them, and it is not easy to recover from damage. Therefore, it is necessary to strictly punish accomplices working in the Republic of Korea as the defendant.

However, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court is somewhat heavy, when considering the following: (a) the Defendant is the first offender and reflects the instant crime; (b) the amount of KRW 3 million was returned to the victim; and (c) the Defendant deposited KRW 2 million for the victim in the trial; and (d) the Defendant deposited the victim in the trial.

In conclusion, the defendant's appeal is reasonable, 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.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;