The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal (in original case: One year of imprisonment and two years of suspended execution);

2. The judgment of the defendant is divided into crimes, and the defendant agreed with the victim, and there are favorable circumstances in which there are no other criminal records except this type of fine and twice.

However, the telephone financial fraud crime is highly likely to be punished in that it uses it as a means of another crime in order to maintain an unspecified number of victims and achieve the purpose of the crime, and the role of the defendant is merely an act of simple execution, but it is essential for the completion of the crime, and the degree of his participation is not considered to be light.

In addition, although the prosecution has not been instituted, there are many telephone financial fraud crimes involved by the defendant, and the period of the defendant's participation is shorter.

When comprehensively taking account of the aforementioned unfavorable circumstances, the amount of means of access that the defendant kept, degree of damage, Defendant’s character and conduct, environment, etc., the sentence of the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged again as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 32(1) (a) of the Criminal Act that prescribes the choice of punishment for a crime, and Articles 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;