The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months and confiscation) imposed by the court below is too unreasonable.

2. The criminal defendant's participation in the judgment is a crime of causing damage, which is virtually difficult to recover from the victims, in a planned and organized manner against many unspecified victims, and has a great social harm.

The defendant, as if he is an employee of the Financial Supervisory Service, made a false statement, presented false documents to the Financial Services Commission, and played a role in receiving money directly from the victim. The amount of damage resulting therefrom is not 28 million won in total.

In light of the degree of participation in these crimes or the scale of damage, it is not good that the crime is committed.

This is disadvantageous to the defendant.

However, in the course of the investigation, the defendant was under investigation and trial with the attitude to seriously reflect the errors, such as giving full payment of the amount of damage to the victims and giving them an agreement.

In the case of the Bosing crime, it is very difficult to arrest those who take charge of the main role and obtain substantial criminal proceeds, and the victims are suffering more than others because it is not sufficiently recovered from damage.

Therefore, it is reasonable to take this into account to the extent of sentencing in a case where the victims recover all the damages suffered by the crime even though the profits acquired by the defendant are insignificant.

There is no history of criminal punishment in the Republic of Korea, and family and victims want to take the action against the defendant.

This is the circumstances favorable to the defendant.

In full view of the above circumstances together with the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.